Ask a lawyer on the topic of Data protection law

Misrouted email with confidential content

December 1, 2009 | 50,00 EUR | answered by Steffan Schwerin

I accidentally forwarded an email from one temporary employment agency to another temporary employment agency that we also work with. The email from the temporary employment agency contained the first and last names of employees who are working with us. It was a list used by temporary staffing agencies when they visit our premises. The list did not contain information that it included all the employees working with us.

When I realized this, I immediately called the company to which the email was mistakenly sent and asked them to delete the incorrectly forwarded email and to confirm the deletion in writing.

The "affected" temporary employment agency now considers this as a serious breach of data protection confidentiality and violation of trade secrets. Quote: "I emailed you this data confidentially and you did not exercise due diligence in handling the data. Now the other temporary employment agency knows about my employees and also knows the number of employees working at your company."

As I mentioned, I am naturally very embarrassed about this situation. Before contacting the temporary employment agency tomorrow, I would like to inform myself about the legal consequences.

1. Is this a serious breach of trade secrets?
2. What about the violation of data protection?
3. What consequences could such a mistake have for: a) me? b) the temporary employment agency?
4. Should the temporary employment agency be concerned that the email from the other temporary employment agency will be misused for their own purposes? How can they protect themselves from this?
5. What steps should be taken in such a case to minimize the damage?

Steffan Schwerin

Dear questioner,

I will answer the questions you have asked, taking into account the facts presented and your input, as follows:

Question 1: Is this a serious breach of trade secrets?

If you are an employee, your behavior could be seen as a serious breach of duty. However, based on your description, it is more likely to be considered negligent.

Question 2: What about the violation of data protection?

The information provided by employees is personal data and therefore protected. Only the individuals concerned can decide to what extent their data can be disclosed.

There is a violation of data protection in this case. However, only the affected employees can claim this violation.

Question 3: What consequences can such an error have for: a) me? b) the temporary employment agency?

As an employee, you may receive a warning from the employer. Whether termination is possible at this point is doubtful due to the negligence involved.

The company may have to be accountable to the affected individuals. However, the affected employees must make the claim.

Question 4: Does the temporary employment agency have to fear that the email from the other temporary employment agency will be misused for their own purposes? How can this be prevented?

It is likely to be feared and cannot be prevented. You must ask the other company to delete the email and related data promptly and provide proof. If the data is still used, the affected employees may have claims against the other company.

Question 5: What steps should be taken in such a case to minimize the damage?

You should ask the other company to delete the data and provide proof of this.

You should negotiate with the affected company and apologize, emphasizing absolute negligence.

The employees affected by the data disclosure should be informed of this "incident." You should assure them that the data was inadvertently shared and the other company has deleted it, so there is no risk of data misuse.

In conclusion, please note that this platform cannot replace detailed and personal legal advice. The goal is to provide an initial rough assessment of your legal issue based on the information you have provided to a lawyer. The legal information I provide is based solely on the facts you have provided. By adding or omitting relevant information in your description of the situation, a completely different legal assessment may result.

I hope I have given you an initial overview and that my explanations have been helpful. Please feel free to contact me through the follow-up option on this platform.

Furthermore, I am available for legal representation. I would credit the initial consultation fee in full.

A larger distance between lawyer and client is generally not a problem. With the help of modern communication tools such as email, mail, fax, and phone, legal representation is also possible.

Best regards,

Steffan Schwerin
Lawyer

Law Firm Steffan Schwerin
Golmsdorfer Street 11
07749 Jena

Tel: 03641 801257
Fax: 032121128582

Email: raschwerin@raschwerin.de

Website: www.raschwerin.de