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or uses it for his own profit or for the profit of a third party, is punishable withimprisonment of up to 1 year or with a fine of up to 516 Euro, if the fact has causeddamage. In addition, Art. 623 of the Italian Criminal Code states that “anyone whoknows, for reasons related to his position, office or profession, news to be keptconfidential regarding discoveries or scientific inventions and discloses them for his ownprofit or for the profit of a third party, is punishable with imprisonment of up to 2 years.”b) EnforcementDuring the employment contract the violation of the obligation to confidentiality canentail the adoption by the employer of disciplinary sanctions resulting even in dismissalfor just cause, as a violation of the duty of loyalty.After the termination of the contract, the use of confidential information by a company incompetition could constitute a case of unfair competition. Therefore, the employer canbring an action asking the Court to prohibit the continuation of the unfair competitionand make the appropriate provisions in order that its effects be counteracted, with apreliminary injunction. (Art. 2599 of the Italian Civil Code). Furthermore, the employercan also claim for damages, if acts of unfair competition are performed with malice ornegligence (Art. 2600 of the Italian Civil Code).3082723.3