Criminal Protection of Corporate Information Assets
In the current economic context, the value of a company increasingly resides in its intangible assets: client lists, production processes, patents, and commercial strategies. The unauthorized removal or disclosure of this information represents a critical threat that requires timely and competent legal intervention. As a criminal lawyer in Milan, Avv. Marco Bianucci assists both companies that have suffered data theft and individuals investigated for crimes related to the violation of trade secrets, offering technical defense based on a deep understanding of corporate criminal law and procedural dynamics.
When a leak of information or misappropriation of confidential files occurs, often by disloyal employees or former collaborators, it is not merely a matter of unfair competition in civil proceedings, but specific criminal offenses are constituted. Understanding the gravity of the criminal implications is the first step in establishing an effective defense strategy or protecting one's intellectual property rights.
The Regulatory Framework: Disclosure of Secrets and Unauthorized Access
The Italian Penal Code provides various provisions for the protection of corporate confidentiality. The central figure is represented by Article 623 of the Penal Code, which punishes the disclosure of scientific or industrial secrets. This crime is constituted when anyone, having come into possession of information intended to remain secret by reason of their status or office, discloses it or uses it for their own profit or that of others. It is crucial to emphasize that the protection does not only concern registered patents but all the corporate know-how that the company has an interest in keeping confidential and for which it has adopted adequate protection measures.
Concurrently, in today's digital context, the crime of unauthorized access to computer or telematic systems, provided for by Article 615 ter of the Penal Code, takes on enormous importance. In fact, the violation of trade secrets often occurs through unauthorized entry into corporate servers or the retention of access credentials beyond the termination of the employment relationship to copy sensitive data. A lawyer experienced in criminal law and cybercrimes must be able to analyze the conduct from both perspectives, assessing whether there has been a mere contractual violation or a genuine criminal act prosecutable ex officio or upon private complaint.
The Bianucci Law Firm's Approach to Corporate Investigations
Avv. Marco Bianucci, a lawyer specializing in corporate criminal law in Milan, approaches cases of trade secret violation with a rigorous method that combines legal expertise and technical analysis. The complexity of these proceedings often lies in the volatile nature of digital evidence. For this reason, the firm collaborates closely with high-profile forensic IT experts to crystallize evidence of data theft or, conversely, to demonstrate the lack of grounds for the accusations brought against the investigated party.
In the case of defending the victim company, the strategy focuses on the timely acquisition of evidence through defensive investigations, which are fundamental to supporting the complaint and any civil action. When defending the investigated party, Avv. Marco Bianucci works to dismantle the prosecution's case, verifying the lawfulness of data access, the truly confidential nature of the information (often it is general knowledge acquired by the worker and not a trade secret), and the absence of specific intent. The goal is always to ensure the best possible protection while respecting procedural guarantees, analyzing every technical and legal detail of the matter.
Frequently Asked Questions
What are the risks for someone who violates trade secrets?
The disclosure of scientific or industrial secrets (Art. 623 of the Penal Code) is punishable by imprisonment for up to two years. However, if the conduct also involves unauthorized access to a computer system (Art. 615 ter of the Penal Code), the penalties can be significantly more severe, reaching up to three years of imprisonment, or five years if the act is committed by someone who abuses their role as a system operator. In addition to criminal sanctions, compensation for damages in favor of the affected company is almost always ordered.
Can an employee take client data when they resign?
Absolutely not. A client list, if compiled and managed by the company with confidentiality measures, constitutes a protected corporate asset. Its removal, copying, or use to benefit a new business activity or a competitor can constitute both the crime of trade secret disclosure and theft or misappropriation of data, as well as acts of unfair competition.
How do you prove that a former employee stole data?
Proof is primarily digital. It is necessary to analyze system access logs, forensic copies of company devices (computers, smartphones) used by the employee, and verify any mass transfers of files to USB drives, personal cloud storage, or via email before resignation. A lawyer experienced in corporate criminal law will coordinate these technical activities to ensure that evidence is collected in a legally admissible manner in court.
What is the difference between acquired knowledge and trade secrets?
This is a crucial distinction in criminal defense. The body of experience, skills, and technical knowledge that a worker acquires during their employment (the so-called 'skill set') belongs to the worker themselves and can be used in future employment. Trade secrets, on the other hand, concern specific, confidential, and economically exclusive information of the company (formulas, source codes, non-public strategies) that are not part of general professional knowledge.
Request a Legal Consultation in Milan
If your company has suffered a theft of confidential data or if you are under investigation for crimes related to the violation of industrial secrets, it is essential to act with extreme caution and speed. Relying on a competent professional can make the difference in the outcome of the proceedings. Contact the Bianucci Law Firm at Via Alberto da Giussano, 26 in Milan to schedule a confidential consultation. Avv. Marco Bianucci will analyze your situation to define the most appropriate defense strategy for your specific case.