Conversation about work in a cafe can cost you a lot

Maintaining the confidentiality of company information is not only a requirement of labor law but, above all, a foundation of trust and security within a company. A single careless email or a conversation in the wrong place can threaten the company’s stability and lead to serious consequences for the employee — in extreme cases, even imprisonment. Experts from Smart Solutions HR explain what exactly the penalties for violating these rules are and how to prevent information leaks, both from the employee’s and the employer’s perspective.

One seemingly harmless email…

Imagine a situation where an employee accidentally sends a document containing client data to the wrong recipient. Although the action was unintentional, the company may suffer serious financial losses, and the employee may find themselves at the center of a difficult legal and professional situation. This is the best proof of how important it is to follow confidentiality rules and remain vigilant when working with sensitive data.

“Every employee is obliged to protect the company’s confidential information — such as client data, marketing strategies, technological know-how, or financial and organizational details. These are all pieces of information that are not publicly known, have economic value, and for which the company has taken steps to prevent disclosure. Confidentiality isn’t only about major strategic secrets. It often concerns small details that employees might consider insignificant but can be extremely valuable to competitors — for example, supplier and partner lists, schedules, or methods of client communication,” comments Artur Kornatowski, Legal and Administrative Manager at Smart Solutions HR. “Sending an email to the wrong recipient, discussing confidential projects in public places, storing documents in private clouds, or even taking a screenshot or note on a personal phone — all of these can serve as grounds for holding an employee accountable.”

The obligation to maintain confidentiality isn’t the only issue employees must keep in mind. Another equally important and potentially problematic one is the non-compete clause. It applies not only during employment but often also after it ends (if stated in the signed contract). This mechanism protects the company from having its internal knowledge used by competitors. Therefore, an employee cannot run their own business in the same industry or join a company that competes with their former employer.

Both of these obligations — maintaining confidentiality and complying with a non-compete clause — are clearly established in Polish labor law (Article 100 §2 point 4 of the Labor Code) and the Act on Combating Unfair Competition. They are also frequently included directly in employment contracts or additional NDAs that employees sign upon hiring.

…and serious consequences
Revealing company secrets or violating a non-compete clause is far more than a “minor mistake.” Such actions can lead to severe repercussions — from paying substantial financial penalties and losing one’s job to facing criminal charges. In some cases, disciplinary measures such as a warning or reprimand may suffice, but more often, the consequences are much more serious.

Let’s start with the financial aspect: if an employee breaches confidentiality and causes damage to the company, they must be prepared to compensate for the loss. In practice, this may mean paying compensation equal to three months’ salary in the case of unintentional misconduct — and if done deliberately, covering the entire loss. However, that might not be the end of it. In particularly serious cases, the employer has the right to terminate the employment contract immediately for disciplinary reasons.

The most severe, however, are criminal consequences. If someone seriously violates a company’s trade secret, they may face a fine, restriction of liberty, or even up to two years of imprisonment.

“As an employee, you must be aware that many types of company information can fall under the category of confidential. To avoid unpleasant consequences, it’s best to follow a simple rule: if you’re unsure whether something can be shared — don’t say it. A good practice is also to avoid sharing any company-related information on social media, even in private chats or closed groups. Remember the basics of security as well — don’t leave documents on your desk, don’t send files to private emails, and don’t discuss work details in public places such as cafés or public transport. These simple habits can truly protect you from serious trouble,” advises Artur Kornatowski.

A Team Effort

Protecting confidentiality and complying with non-compete rules is a team effort — it concerns both the employee and the employer. A company that wants to secure its information must act on several levels simultaneously: from preparing legal documents and establishing clear internal rules — such as labeling confidential documents, setting passwords, and using encryption — to educating employees.

The foundation lies in non-disclosure agreements (NDAs), signed both with new employees and business partners. In addition, companies should have clear internal regulations and policies that specify which data is confidential and how it must be handled.

A similar approach applies to non-compete agreements — clear rules and proper handling of contracts are equally essential.

“In the case of a non-compete agreement, it’s worth noting that according to the rulings of the Supreme Court, such an agreement — especially one that applies after the termination of employment — is not part of the employment contract, but a separate civil law obligation. For example, if a company takes over part of the workforce from another employer, standard employment contracts are automatically transferred to the new employer, but non-compete agreements are not. These are separate documents and must be signed anew,” explains the Smart Solutions HR manager.

Everyday practice is also crucial. A written policy alone is not enough — training and regular communication are needed to remind employees why these rules exist and how to follow them. Companies that introduce regular workshops and clearly defined procedures not only reduce the risk of mistakes but also build greater awareness within their teams and demonstrate to clients that they can be trusted.

“A breach of confidentiality by an employee can cost a company several million złoty. The leak itself is not the only issue — it may also lead to lost revenue, repair costs (such as upgrading security systems), legal expenses, loss of clients, and reputational damage. Contracts, penalty clauses, and internal systems are essential safeguards, but they are not enough if people don’t understand why and how to protect information. The key is a culture of responsibility, reflected in everyday behavior. Employees must first and foremost be made aware and educated,” concludes Artur Kornatowski.