An interesting judgment was recently issued by the Italian Court of Cassation, which established the conditions under which an employer can legitimately carry out technological checks on company assets used by employees.
In particular, in this judgment no. 25732 of 09.22.2021, the Italian Court of Cassation notes that, on the one hand, there must be a well-founded suspicion of an offense that can justify the company’s need to protect its interests and, on the other hand, the dignity and confidentiality of the worker.
The solution proposed by the Court is, then, a “correct balance between the need to protect assets and/or corporate interests and the freedom of economic initiative, with respect to the essential protection of the dignity and privacy of the worker”.
In the presence of these conditions, therefore, the right of the employer to protect his company is affirmed by avoiding unlawful behaviour of employees also by carrying out technological checks on company assets in use by them.
