UAE: Can you sue employee for sharing company secrets? Legal steps explained

Question: I am a company owner. A month ago, I discovered that one of my employees was disclosing information related to the company's accounts and also price offers to competing companies. I discovered from the laptop which belongs to this employee and is not owned by the company. What is the appropriate legal action to take against this employee? Do I have the legal right to keep this laptop and present it to the court to file a lawsuit against this employee? Please advise.

Answer: You have the right to terminate him without notice after conducting a written investigation with him according to Article 44 of the Labour Law, which states that (If the worker discloses any of the work secrets related to industrial or intellectual property, which results in losses to the employer, missing an opportunity for the employer or gaining a personal benefit to the worker).

You have to file a criminal case against him, as disclosing data is a criminal act according to Article (434) of the Penal Code No. 31 of 2021 (A penalty of incarceration shall be imposed on whoever unrightfully copies, distributes to or provides another person with the content of a phone call, or a letter or information or data or any other such things to which he has access by virtue of his profession).

Moreover, Article (432) of the same Penal Code No. 31 of 2021 imposes (A penalty of incarceration for a period not less than one year and/or a fine not less than Dh20,000 shall be imposed on anyone who, by reason of his profession, craft, situation or art is entrusted with a secret and then discloses it in cases other than those permitted by law, or who uses it for his own advantage or another person's advantage, unless the person concerned with the secret has permitted that it be disclosed or used).

You do not have the legal right to keep the laptop because it is his ownership but you may take it to the prosecution if it is still in your company and let the prosecution take the action regarding it.