Sending the employer's documents to a private email is a violation of basic employee duties, which entitles the employer to terminate the employment contract without notice due to the employee's fault (Article 52 of the Labour Code) (Supreme Court judgment of 3.04.2019, II PK 334/17).

It does not matter whether the employee actually uses the information. The mere unauthorized transfer of data to a private email address constitutes a breach of the duty to look after the interests of the employer (Article 100 §2 item 4 of the Labour Code).

Such action by an employee also constitutes an act of unfair competition within the meaning of the Act on Combating Unfair Competition of 16 April 1993 and gives the employer the possibility to seek compensation.

Find more in the PRO HR May 2023