Termination without notice after data protection breach

In practice, many employees are often tempted to forward internal company information to a private email address. In some cases, such forwarding is also positively motivated in order to improve personal work ability. In fact, such forwarding is generally considered a compliance offence. This was also confirmed by the Munich Higher Regional Court in a recent case (judgement of 31 July 2024, case no. 7 U 351/23 e). However, the case on which the decision was based concerned a member of the Executive Board, meaning that civil law was applicable. It remains to be seen how the labour courts will decide. Nevertheless, company information should always remain on company resources.