Kauri Sportwear S.L. is a company with a commercial line dedicated to creating and selling work uniforms. In this case, the defendant worked as a sales representative for the aforementioned company, responsible for managing and acquiring customers.The company provided her with a computer and a corporate email account to carry out her work.

On 21 March 2019, the defendant informed Kauri Sportwear S.L. that she was terminating her employment contract. On the same day, the defendant sent 20 emails containing information on uniform design project information for various clients, as well as Kauri Sportwear S.L.’s price lists and client billing details. These emails were sent to Vetraval, a competitor of Kauri Sportwear S.L, which was the company where the defendant subsequently began working. As a result of these emails, Kauri Sportwear S.L. suffered various financial losses. The defendant deleted all the emails. However, they were later recovered by Kauri Sportwear S.L’s IT department.

In the first instance, the defendant was convicted of a crime against the market and consumers. Kauri Sportwear S.L. was awarded compensation for financial losses arising from investment and expenses incurred in graphic processing and adapting the logos, clothing designs and accessories of customers that the defendant provided to competitors in emails, as well as for billing information, items and price lists of the complainant company. The amount is to be determined in enforcement proceedings.

The defendant appealed against this judgement, which was dismissed. She argued that the legitimacy of the disputed emails had not been discussed. The defendant also argued that the computer expert report did not state that only the defendant could use the computer and that,regardless of whether the defendant had sent the emails, their content was inconsequential — merely customer lists, logos, rates and company billing data. According to the defendant, this information does not constitute a trade secret. For these reasons, she also considers that the calculation of civil liability exceeds the objective interpretation of the basis of damages.

The Spanish Supreme Court rejects the grounds alleged by the defendant, because it is clear from the facts of the case that, on the day she announced her resignation from Kauri Sportwear S.L., the defendant sent 20 emails to Vetraval, and was subsequently hired by that company. Furthermore, the Court reiterates that the disclosed information is considered a trade secret, because it affects the company’s competitive capacity.

The Spanish Supreme Court also dismisses the argument relating to the criteria for calculating civil liability, since a basis for calculation is established in relation to the damage caused by the information shared by the defendant, even if no specific amount is determined. This amount will be calculated based on the investment and expenses relating to graphic processing and adaptation of logos, clothing designs, and accessories of the clients that the defendant sent to competitors, as well as information relating to client turnover, items and price rates. In other words, all the information that the defendant took with her to use later for her own benefit or that of another company in the sector at a later date. For all these reasons, the defendant’s appeal is dismissed and her conviction is upheld.

Spanish Supreme Court (Criminal Chamber) Judgment 806/2025, 2 October 2025