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ARTICLE · 31 OCTOBER 2024

What Happens When An Employee Transfers Data Without Permission?

The motive may be innocent — for example, because the employee wants to work from home but does not have access to the employer's digital environment there – or it may be for other, less innocent motives.

NetherlandsEmployment and HR

For most employees, it is relatively easy to send information from the employer's network to a private digital environment, such as personal e-mail or cloud storage.

The motive may be innocent — for example, because the employee wants to work from home but does not have access to the employer's digital environment there – or it may be for other, less innocent motives. In any case, when company information leaves the employer's digital environment without permission, this can have harmful consequences.

Summary dismissal

In a recent case in the Netherlands, an employee was rightly summarily dismissed because he sent 791 documents from his employer's server to his personal Dropbox account, shortly after he was told that his fixed-term employment contract would not be extended. The employer had an IT policy that stated (among other things) that employees may not make copies of the employer's data or store information from the employer on personal locations.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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