ITALY Law and Practice Contributed by: Giovanni F Casucci, Matteo Casucci, Serena Spadavecchia and Alice Viviana Niccoli, EY Tax & Law
These claims often complement trade secret misappropriation cases and provide additional legal remedies. 1.14 Criminal Liability In Italy, criminal penalties can be imposed for trade secret misappropriation if the misappro - priation involves theft, illegal acquisition, or use of trade secrets. The relevant provisions for criminal penalties are found in the Italian Criminal Code ( Codice Penale ). Articles 622 and 623 of the Italian Crimi - nal Code govern crimes related to the disclosure and unlawful use of professional and business secrets. Article 622 imposes a criminal sanction on any - one who, having gained access to confidential information within the context of employment or a position of trust, discloses or uses it without authorisation, causing harm to the owner of the secret. This crime is punishable by up to one year of imprisonment or a fine. Article 623 imposes a more severe penalty on anyone who know - ingly steals, discloses, or uses a trade secret in violation of confidentiality or fiduciary duties. This offence is punishable by up to two years of imprisonment, along with a potential fine. It is worth noting that under the Criminal Code, trade secret protection is granted alternatively when: • knowledge of confidential information is obtained through professional relationships (by reason of one’s state or office, or profes - sion or art), the confidential information is disclosed without due cause for personal or a third party’s profit, and this disclosure causes damage to the trade secret owner; or
• knowledge of confidential information is unauthorised, the confidential information is disclosed without due cause for personal or a third party’s profit, and this unauthorised disclosure causes damage to the trade secret owner. In addition, there is a specific rule that punishes the disclosure of scientific and industrial secrets through “technological” means (see Article 623, paragraph 3 of the Criminal Code), which states that anyone who, having become aware, by reason of their state or office, or their profes - sion or art, of trade secrets or news intended to remain secret, concerning scientific discover - ies or inventions, reveals them or uses them for their own or others’ profit, shall be punished by imprisonment of up to two years. Moreover, if the act relating to trade secrets is committed using any computer tool, the punishment is increased. Alongside criminal proceedings, a trade secret owner can pursue civil claims under the CPI or Civil Code, seeking compensation for dam - ages and requesting injunctions to prevent fur - ther misuse, thus allowing for a comprehensive approach to trade secret protection. 1.15 Extraterritoriality It is possible to bring a claim based on trade secret misappropriation that occurs in another country, but the requirements for such a claim depend on several factors, including jurisdiction and applicable laws. Specifically, in cases where the misappropria - tion of trade secrets occurs in another country, the first issue is jurisdiction, namely whether an Italian court has the authority to hear the case. Generally, a claimant must demonstrate a con - nection between the alleged misappropriation
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