Cyber-crime, corporate espionage and data hacking

Jim acted for a high profile PLC “X” who were under investigation for allegedly employing investigators to access confidential data belonging to business rivals. The data included allegedly hacked emails and other confidential data that were of significance in assessing the rivals business capabilities, and it was alleged that the material was accessed in order to gain a competitive business advantage over those rivals, including in tenders for very large contracts both in the UK and abroad The case involved detailed consideration of what (if any) offence had been committed, and thereafter whether the client in fact had any knowledge as to the allegedly criminal acts and intentions of their agents. The investigation required an assessment of cross-border laws and different criminal offences in the various locations where the corporate client had offices, and the various different jurisdictions in which the agents had obtained confidential data. In the UK the investigation involved both the Information Commissioner and the Police with an eye to the possibility of possible civil action if the client had knowledge of the methods used by the agent, in foreign jurisdictions a further complication was posed by having to assess the overlap between criminal and civil cases as well as conflict of law issues. After early advice the matter eventually resolved with no criminal action against “X” or any regulatory fine in either the UK or abroad.