Cases involving employees who take data from their employer and then use the information in a competitor business are quite common.
In a recent case, the court had to consider to what extent the employee’s liability was shared with his new employer and its director.
When it was discovered that the employee had made a copy of a database owned by his employer which he then used to develop business opportunities for the firm he subsequently joined, it was clear that his former employer would have the right to take action against him.
The question arose as to whether the new employer and the director were also liable for the misuse of the data.
The court ruled that the new employer was liable, because the employee had been authorised to act on its behalf before he left his former employer.
However, the director was not personally liable as it could not be shown that he had personally known of the man’s specific intention to obtain and use his former employer’s confidential data.
When faced with this situation it is very important to get legal advice as quickly as possible as it may result in any damage being limited which could then reduce the amount of litigation which is necessary.
We specialise in theft of data / breach of confidence claims and will always look for the best and most cost effective solution for you. For further information on how we could help please call Dean Parnell on 0121 698 2200, email d.parnell@sydneymitchell.co.uk or fill in our online enquiry form.
 |
 |
 |
 |
 |
 |
|
