Alessandro AleddaInsider Threat and Risk

INTRA/CP/CP004Reliance on material obtained in breach

Reliance in proceedings on material gathered otherwise than as a legal requirement allowed.

Pillar
CP  |  Consequence for the person
Sources cited
2
Added
30 AUGUST 2026
Updated
30 AUGUST 2026
ControlJurisdictionSourceWhat it establishesPrerequisite or recommendation
CP004/EUMandatoryEuropean UnionNTH Haustechnik GmbH v EMCourt of Justice of the European Union, Fifth Chamber · read 16 Aug 2026That a court may rely on data obtained in breach, subject to minimization of what it admits and to considering anonymization before disclosure.Material obtained in breach is not barred from proceedings by that alone, and a failure to inform the person does not bar it either.
CP004/ITMandatoryItalySentenza n. 24204/2025Corte di Cassazione, Labour Section · read 11 Aug 2026That personal correspondence keeps its protection on company systems, and that what is taken from it cannot be relied on in proceedings.Material taken from personal correspondence could not be relied on, the Strasbourg case law being applied in the national setting.