Is Industrial Espionage a Criminal Offence? What Does the Law Say and How Can You Defend Yourself?

If you suspect you are the target of industrial espionage, you hold a significant advantage.

Industrial espionage is an area that operates on the edge of the law. Gathering information about competitors is not always illegal, but the moment it involves the theft of a trade secret or unauthorised surveillance, it constitutes a breach of law that can have serious consequences.

What does this mean in practice? If someone is conducting industrial espionage against you, you have the right to defend yourself. And if you handle the situation correctly, you can actually turn it to your advantage. The biggest mistake is to panic — proving espionage without evidence is extremely difficult. Please remember this advice, because if you have a suspicion, what matters most is this: see the next blog — How to Defend Against Eavesdropping and Industrial Espionage.

When Is Industrial Espionage a Criminal Offence?

Simply gathering information about competitors through legal means is not unlawful. Posing as a customer or looking up general company data is unethical, but not criminal. The problem arises when information constituting a trade secret is obtained without the consent of the company concerned.

Under Czech law, the following situations are particularly relevant:

1. Violation and Exploitation of Business and Manufacturing Secrets

Act on Unfair Competition, § 13 (Czech law)

2. Fraudulent Conduct

Criminal Code, § 209 (Czech law)

3. Breach of Trade Secret

Civil Code, § 2985 (Czech law)

4. Misuse of Information in Commercial Relations

Criminal Code, § 255 (Czech law)

5. Unauthorised Access to Computer Systems and Data Carriers

Criminal Code, § 230 (Czech law)

6. Infringement of Copyright

Criminal Code, § 270 (Czech law)

What Should You Do If You Discover You Are Being Monitored?

If you suspect you are the target of industrial espionage, you hold a significant advantage. This is where things get interesting. Handled correctly, you can turn the situation to your favour.

1. Do Not Panic — Collect Evidence:

Have the situation assessed by specialists who will ensure that evidence is gathered lawfully.

Evidence can be used both for your defence and for further legal action.

2. Counter-Strike:

If someone is committing a criminal offence against you, you have the right to defend yourself.

By handing appropriate evidence to the relevant authorities, you can not only resolve the situation but also gain an understanding of who commissioned the surveillance. That is before we even discuss negotiation — if you know who placed the order, you already hold half the winning hand.

3. Find Out Who Is Behind It:

A specialist team can identify the source of the surveillance, giving you an advantage not only in protecting your company, but also in subsequent legal proceedings and negotiations.

🛡 Bonus advice: Avoid hasty actions. Once you know you are being surveilled, it is essential to act calmly and with professional support.

The Best Can Give You the Advantage!

Read this twice.

Imagine how your competitor feels when: firstly, you have physical evidence that they commissioned the espionage; secondly, you have identified the firm that was illegally monitoring you; and thirdly, you can now take legal action based on hard evidence you hold in your hands.

I have witnessed several such encounters — it is practically a position of dominance in any negotiation.

Industrial espionage is not just about defence. If you handle the situation correctly, you reach a position where you can not only protect your company but also take steps that give you a decisive advantage over your competition.

• You have the right to present appropriate evidence and establish who is behind the surveillance.

• A properly managed process will allow you to minimise losses while simultaneously securing a strong legal position.