You cannot use personal email id for business
you have to use only company email id
further you had no business in forwarding quote to third party
company can sue you for damages and terminate your services
Confidential information
I am working in a trading co as a manager involved in supply of medical equipments and consumables etc and using personal email for the business. The company I am working didn't participate in a particular tender for which i received a quotation from a supplier for supply of equipments and consumables. Since we didn't participate in the tender I forward this quotation to another co so that they can quote for this business as friend. Now company put a criminal charge on me that i have passed the confidential information to another party and damaged the business. There are three instances like this. I need legal opinion
Asked 4 years ago in Criminal Law
Religion: Muslim
15 Answers
does this establish a crime what's the penalty or charge how can i get rid of it I am an Indian but resident of Qatar
Asked 4 years ago
Can I use Indian Embassy Lawyer or any help from the Indian Government to get out this problem
Asked 4 years ago
There is no breach of confidentiality as the information you passed on did not originate from your employer. Your employer did not compete for contract, it has no right to claim confidentiality.
- Is not a criminal under any law.
- If a complaint is made against you, fight it out.
- You will certainly get assistance and guidance from Indian Embassy.
Forward a detailed email to Indian Embassy
Invitation seeking tenders is in public domain. Your employer did not submit any offer is also on public domain. There is no confidentiality between you and employer in that respect. When everything is in public knowledge there cannot be any breach of confidentiality. This is the basic fact, which every judge take notice of.
company can file complaint of criminal breach of trust under section 406 of IPC
a criminal breach of trust, entrustment of property (in this case, confidential company information) is the essential element. The accused is entrusted with property and with dominion or control over that property. In addition, any person who dishonestly misappropriates or converts for his or her own use any moveable property (in this case, confidential information) shall be liable for dishonest misappropriation under Section 403 of the Penal Code. Such an offence shall be punishable by up to two years' imprisonment, a fine or both.
2)Penalties for any act that constitutes a breach of confidentiality or privacy under the act are covered by Section 72 of IT act which states that any person conferred with powers under the act who discloses confidential information without authorisation shall be punished by up to two years' imprisonment, a fine of Rs100,000 or both.
You need to engage criminal lawyer in city where case is filed against you
Indian government would not help you in this regard
Need to check the entire complaint to decide the crime if any. You first need to counter it by taking proper steps.
You may try, but it may not be helpful.
You were not supposed to take a decision on your own on behalf of your company.
Whether the company would participate in the tender or not or whether to pass on the business to some other firm is their own decision, your such act is nothing but an act of breach of trust, cheating and other related offences.
If there is any case filed against you for such offences then you may have to defend your interests on merits alone.
It is not known that what is the nature of complaint and the charges leveled against you and in which country, whether in Qatar or India, hence it depends on the said factors.
Indian embassy will not provide such services.
First of all it is not known whether you have been charged in Qatar of in India?
Besides the charges are grave in nature, hence you may have to defend yourself on merits alone.
Dear Client,
Since you have shared the quotation you are liable to be prosecuted. My advice would be to contact a good Advocate who can prepare a strong defense.
Thank you
1. You are required to go through the law of Qatar in this regard and also the agreement you had entered in to with your employer in connection with the act of using your personal email address while communicating for and on behalf of your employer Company.
2. Was there any agreement signed by you where in you have agreed not to pass any information to any other company in connection with the business matters of your employing Company?
3. Was the said quotation termed as confidential information as per the service conduct rule of your Company?
4. Your act might constitute misconduct as per Service Conduct Rule of your employer company but it can not be called a crime to attract Criminal Case against you.
5. Engage a local lawyer to defend your case fittingly.
1. No. It is not a crime as per Indian Penal Code.
2. However, you shall have to peruse the law of Qatar in this regard.
3. Have you got any notice/Summons from the local Police/Court in this regard where the section Zno. has been mentioned?
4. Engage a local lawyer to defend yourself.
1.You can approach the Indian Embassy and seek their guidance in this regard.
2. This is a fit case for the Indian Embassy to refer the matter to its empanelled lawyer for defending yourself.