A Dutch court upheld the summary dismissal of a senior director who sent company files to private email. During exit talks, he also tried to upload a business computer’s contents to Gemini. The case concerns company records at the end of an employment relationship.
Why this matters
An external AI upload can put a contract, customer record or price file outside company controls. In 2025, 36% of employees were very or extremely familiar with generative AI. Only 26% said their employer had clear AI data-security rules. During an exit, one employee may still control customer files, invoices or supplier approvals. An incident can delay handovers, billing and collections. Summary dismissal has a high threshold. The rule, role, timing, evidence and response matter.
Example
During exit negotiations, a senior director sent company files to a private email address. He also tried to upload the business computer’s contents to Gemini. His employment contract and conduct policy expressly prohibited both transfers. A security system blocked the upload. When asked about the private emails, he did not mention the Gemini attempt. The court upheld the summary dismissal. It weighed the clear rules, senior role, timing, system evidence and lack of openness. An unauthorised AI upload does not always justify immediate dismissal.
XTROVERSO tips
- Write down the actual boundaries. Check the employment contract, staff handbook and IT policy together. Cover private email, personal storage, external AI tools and copying company files.
- Name the information that stays out. List restricted records in plain language. Include customer data, personnel files, payroll, tax records, prices, margins, contracts and legal correspondence.
- Give staff an approved route. Name the AI tools staff may use. State who can approve an exception when a task falls outside the usual rules.
- Review access when circumstances change. Check access when roles change or exit talks begin. Include shared drives, mailboxes, customer systems, financial files and company devices.
- Keep one clear incident file. Preserve security logs, file lists, timelines and interview notes. Technical, management and employment records should describe the same event.
- Protect daily business during the exit. Assign customer handovers, invoice approval, collections and supplier payments. Do not leave essential work in one person’s inbox or memory.
Need clearer rules for AI use, file access and employee exits? XTROVERSO can help build a practical process
The data, sourcing, and analysis behind this article were conducted by Paolo Maria Pavan. AI was not used to identify sources, build the factual basis, or produce the analytical judgment contained here. AI was used only as a drafting aid. The final English text was personally reviewed, edited, and approved by Paolo Maria Pavan before publication.
References
- Rechtbank Amsterdam — uitspraak ECLI:NL:RBAMS:2026:8257
- Salaris Vanmorgen — ontslag voor versturen en uploaden van werkbestanden
- Rijksoverheid — voorwaarden voor ontslag op staande voet
- Rijksoverheid — ontslag en schending van geheimhouding
- Rijksoverheid — generatieve AI op het werk en interne richtlijnen
- Rijksoverheid — Guide Generative AI
