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Cassation Court Backs Employer PC Checks With Prior Notice, Upholds Firing for Data Leaks

The ruling deems evidence from company devices admissible under Article 4 when employees were informed through a clear policy.

Overview

  • The Supreme Court rejected a worker’s appeal, confirming that an employer may inspect a company PC if there is a founded suspicion of wrongdoing and prior notice was given.
  • Judges held the monitoring lawful even though it included data collected before the first IT alert, citing the company’s preexisting policy that disclosed potential checks.
  • From October 2020 to May 2021, the worker made 54,251 unauthorized accesses and extracted 10,521,451 records from the corporate system, according to the judgment.
  • The employee sent 125 emails to 10 external addresses containing 133 client invoices, breaching confidentiality and undermining the trust essential to the employment relationship.
  • The court noted the data exposure put the firm at risk of sanctions by the privacy regulator and affirmed dismissal due to a persistent violation of company rules.