The protection of strategic information, know-how, and trade secrets represents one of the most valuable assets for any company operating in the competitive market of Milan and beyond. When a leak of confidential news or a breach of a confidentiality agreement (also known as an NDA, Non-Disclosure Agreement) occurs by employees, former collaborators, or business partners, the economic and reputational damage can be substantial. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci understands the seriousness of these situations and the need for prompt intervention to limit losses and obtain fair compensation.
The Legal Discipline of Corporate Confidentiality and the Right to Compensation
In the Italian legal system, the protection of company information is guaranteed on multiple levels, ranging from the Civil Code to the Code of Industrial Property. The breach of a confidentiality agreement constitutes a contractual breach that legitimizes the claim for damages, but protection extends beyond a mere written contract. Article 2105 of the Civil Code imposes a duty of loyalty on employees, prohibiting the disclosure of information relating to the organization and production methods of the company. Furthermore, the unauthorized appropriation and dissemination of trade secrets may constitute acts of unfair competition under Article 2598 of the Civil Code, paving the way for significant compensation actions.
In these cases, compensation for damages must cover both actual damages, i.e., the direct loss suffered by the company (such as costs incurred for the development of the misappropriated know-how), and lost profits, understood as the loss of earnings resulting from the abusive exploitation of information by third parties. Case law also recognizes the possibility of claiming so-called profit disgorgement, i.e., the restitution of profits made by the perpetrator of the breach due to the unlawful use of confidential information. For an expert lawyer in damages compensation, the main challenge often lies in the correct quantification of these items, which requires in-depth technical and legal analysis.
The Bianucci Law Firm's Approach to Protecting Trade Secrets
The Bianucci Law Firm, located at via Alberto da Giussano 26 in Milan, handles cases of confidentiality agreement breaches with a rigorous, results-oriented strategy. Avv. Marco Bianucci begins each mandate with a detailed analysis of the existing contractual documentation and evidence of the breach. We do not limit ourselves to evaluating any penalty clause included in the contract but examine the entire context to identify all types of compensable damages, including damage to the image and market position of the client company.
The defense strategy adopted by Avv. Marco Bianucci often involves a dual approach. On one hand, we consider the immediate recourse to urgent procedures (under art. 700 of the Code of Civil Procedure or industrial injunctions) to obtain an injunction, i.e., a judicial order to immediately cease the use or dissemination of stolen information. On the other hand, we build the merits case to obtain damages for NDA violation, utilizing, where necessary, technical consultants to accurately estimate the economic impact of the breach. The goal is to provide the entrepreneur with complete protection, which not only sanctions the unlawful conduct but also restores the company's competitive advantage as much as possible.
Frequently Asked Questions
Is it possible to claim damages if an NDA was not signed in writing?
Yes, it is possible to take legal action even in the absence of a written confidentiality agreement. The duty of loyalty and confidentiality is inherent in the employment relationship (art. 2105 of the Civil Code), and the misappropriation of confidential information can still constitute an act of unfair competition or a tort. Avv. Marco Bianucci will evaluate the available evidence to base the claim for damages on these legal grounds.
How are economic damages quantified for the breach of a trade secret?
Quantification is complex and requires demonstrating concrete economic prejudice. Consideration is given to the expenses incurred to create the information (research and development costs), the drop in turnover resulting from the breach, and the profits unlawfully made by the competitor who acquired the information. The criterion of a virtual royalty is often used, which is how much the infringer would have had to pay to legitimately obtain that license or information.
What are the risks of violating a non-compete or confidentiality agreement?
Those who violate such agreements risk having to fully compensate for the damages caused to the former employer or partner. In addition to monetary compensation, the judge may order the destruction of goods produced with the stolen information, the publication of the judgment in newspapers at the expense of the convicted party, and an injunction to cease the unlawful activity. In some serious cases, the conduct may also have criminal relevance.
How long does it take to stop the illicit use of my company data?
To promptly stop illicit use, urgent precautionary measures can be taken, which have much shorter timelines than ordinary litigation. If the requirements of *fumus boni iuris* (likelihood of the right) and *periculum in mora* (risk of serious and irreparable harm while waiting) are met, the court can issue an injunction within a few weeks or months.
Request a Strategic Consultation in Milan
If your company is the victim of a confidentiality breach or if you suspect that a former collaborator is improperly using your know-how, time is a critical factor. Avv. Marco Bianucci is available to analyze your case and define the best strategy to obtain compensation for the damages suffered and protect your company's future. Contact the Bianucci Law Firm to schedule an appointment at the Milan office at via Alberto da Giussano, 26.