Internet Issues
Q. A departing employee copied our customer list to a personal USB drive. What legal actions can we take?
A.
If it qualifies as a trade secret, injunctions, damages, and criminal penalties are available. Preserve access logs first.
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If the customer list qualifies as a trade secret (Unfair Competition Prevention Act Art. 2(6): managed, useful, non-public), it's unauthorized acquisition (Art. 2(1)(iv)). Remedies: injunction and data destruction (Art. 3), damages (Art. 4), criminal penalty (Art. 21(1): up to 10 years/¥20M fine). Steps: preserve evidence (access/USB logs), interview employee and demand return, pursue NDA breach, then criminal prosecution and civil suit if needed. Preventive: obtain confidentiality pledges at resignation.
This article provides general legal information and does not constitute legal advice. For specific legal issues, please consult with a qualified attorney.
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