Court of Cassation, with sentence no. 4258/2012, stated that the dismissal of an executive who uses the password of others to enter into the company system is unlawful if that is a normal practice in the office, confirming the decision of the Court of Appeal of Milan. For this Court, indeed, were grounded “the justifications given by the manager relating to the repeated using of a password of the others in order to log in the information company system, being clear that such behavior – at the time comply with a normal practice used in the office and not forbidden from any company policy -, was not an unlawful interference in the items protected by that password and was necessary for the carrying out of her duties”.
