FROM “CORPORATE DISLOYALTY” TO “UNFAIR COMPETITION”
Manlio d’Agostino Panebianco1
The loss of control and “abuse” of know-how, knowledge, corporate and business secrets, information and data acquired by an employee, collaborator and/or partner (in particular, in cases of outsourcing) during the relationship, expose the each entity/organization – domestic and international – to “Corporate Disloyalty” and “Unfair Competition”, generating different dangerous financial, economical, patrimonial and reputational effects, both in short and long term. The article aims to highlight the main features, focusing on different legal frameworks and circumstances, in order to create a synoptic framework, useful to face a complex organizational aspect, suggesting some possible mitigation measures, both from legal and organizational perspective.
Index: 1. Introduction – 2. Legal Framework – 3. Some Risk Indexes – 4. Accountability, culpa in eligendo and in vigilando – 5. An integrated mitigation strategy – References
1Lecturer of “Criminal Economy and Cybercrime” at SSML CIELS; Lecturer of “Economical Intelligence” at Master of Rome Tor Vergata University; Lecturer of “Data Processing” at the Business School of “Il Sole 24 Ore”; member of “B-ASC Bicocca Applied Statistics Center” Research Center of University of Milan Bicocca. With a special thank for the help in sources-research to Filippo Schesari and Andrea Brisotto.