The crime of unauthorized access to company IT systems

Company data security is today one of the most critical assets for any business. Unauthorized intrusion into IT systems, often aimed at industrial espionage or damage, is not only a privacy violation but a serious crime punishable by law. As an expert lawyer in criminal law in Milan, Avv. Marco Bianucci regularly assists companies and professionals who have been victims of cyber attacks, unauthorized access by disloyal former employees, or external intrusions aimed at stealing know-how. Understanding the seriousness of the situation and acting promptly is crucial to limit damages and ensure the punishment of those responsible.

What the law provides: Article 615 ter of the Penal Code

Italian law severely punishes anyone who enters a computer or telematic system protected by security measures, or remains in it against the express or tacit will of those who have the right to exclude them. The reference norm is Article 615 ter of the Penal Code. Jurisprudence, supported by the analysis of an expert lawyer in criminal law, has clarified that the crime occurs not only in cases of external hacking but also when an authorized person (such as an employee) uses their credentials for purposes unrelated to their job duties, for example, to copy customer databases or secret projects before resigning. Penalties are increased if the act is committed by abusing the role of system operator or if it concerns systems of public interest. Legal protection, in these circumstances, aims not only at the criminal conviction of the offender but also at obtaining fair compensation for the economic and reputational damage suffered by the company.

The strategy of Studio Legale Bianucci in cybercrimes

Addressing a case of IT intrusion requires specific technical and legal expertise. The approach of Avv. Marco Bianucci, an expert lawyer in cybercrimes in Milan, is based on an integrated defense strategy. Firstly, the firm collaborates with IT technical consultants to crystallize digital evidence (digital forensics), an essential step to prevent traces of unauthorized access from being deleted or invalidated in court. Subsequently, a detailed and technically impeccable complaint is drafted and filed with the Public Prosecutor's Office or the Postal Police. Constituting oneself as a civil party in the criminal proceedings is the next fundamental step: through this action, Avv. Marco Bianucci works to quantify and obtain compensation for all damages suffered, including emergent damages (restoration costs, investigations) and lost profits (loss of customers or competitive advantages).

Frequently Asked Questions

What is the risk for an employee who copies company data before resigning?

An employee who accesses the company's IT system to copy confidential data (such as customer lists or projects) in order to use them for personal purposes or for competition commits the crime of unauthorized access to an IT system. The Court of Cassation has confirmed that access is considered unauthorized when it occurs for purposes ontologically unrelated to work. The employee risks imprisonment and a heavy claim for damages.

How can an IT intrusion be proven?

Proof is almost exclusively digital. It is essential not to alter the state of IT systems after discovering the intrusion. Log files, access records, and any trace left on the server or devices must be acquired. For this reason, it is crucial to immediately contact an expert lawyer in criminal law who can coordinate the forensic acquisition of evidence before it is overwritten.

How much time do I have to file a complaint for unauthorized access?

The crime of unauthorized access to an IT system is prosecuted upon a complaint by the victim, meaning the victim has three months from the date they became aware of the crime to file a complaint. However, if the act is committed by a public official or concerns systems of public interest, or if other specific aggravating circumstances exist, the crime may be prosecuted ex officio. Prompt assessment with legal counsel is always recommended.

Is it possible to obtain compensation for data theft?

Yes, the victimized company can constitute itself as a civil party in the criminal proceedings against the perpetrator. Compensation can cover both direct financial damages (technical expenses, data loss) and damages to image and commercial reputation. In cases of industrial espionage, compensation can reach very high figures, calculated based on the economic value of the stolen information.

Request a legal consultation in Milan

If you suspect an intrusion into your company systems or are a victim of industrial espionage, time is a determining factor. Contact Avv. Marco Bianucci for an immediate and confidential assessment of your case. The firm, located at Via Alberto da Giussano 26 in Milan, is ready to deploy the best defense strategies to protect your business and your information assets.