Employee Damages Company Systems: How Can Employers Sue Under Section 12/1? What Are Their Rights?

In today’s digital era, every business relies heavily on computer systems, databases, and technology. Damage caused by data loss or system destruction doesn’t just interrupt day-to-day operations it can result in severe business consequences, including the loss of major clients, the collapse of multi-million-baht deals, or long-term reputational harm.

But what if this damage is caused by the company’s own employee? Particularly in cases where a disgruntled employee deliberately damages the system, what legal actions can the employer take?
And how can the employer file a case that falls under Section 12/1 of the Computer Crime Act B.E. 2550 (2007)?

When an Employee Damages the Company’s Computer System?

Suppose Mr. A, an IT staff member responsible for managing the company’s client database, becomes dissatisfied after a dispute with management. Out of anger, he uses his authorized system access to delete the entire client database and changes the login password to lock everyone else out.
The result: all customer data is lost, multi-million-baht business deals collapse, and company operations come to a halt. This isn’t merely a case of “data loss” , it’s a severe blow to the company’s reputation and credibility.

Such an act constitutes a computer-related offense committed by an employee, falling directly under Section 12/1 of the Computer Crime Act.

Understanding Section 12/1 Before Filing a Lawsuit

Reference: Computer Crime Act (No. 2) B.E. 2560 (2017)

Section 12:
If any offense under Section 5, Section 6, Section 7, Section 8, or Section 11 is committed against computer data or a computer system related to the national security, public safety, economic stability of the country, or any critical public infrastructure,
the offender shall be liable to imprisonment for a term of one to seven years and a fine of twenty thousand to one hundred and forty thousand baht.

If the offense under the first paragraph causes damage to such computer data or computer system,
the offender shall be liable to imprisonment for a term of one to ten years and a fine of twenty thousand to two hundred thousand baht.

If the offense under Section 9 or Section 10 is committed against computer data or a computer system as mentioned in the first paragraph,
the offender shall be liable to imprisonment for a term of three to fifteen years and a fine of sixty thousand to three hundred thousand baht.

What Can the Employer Do?

Employers can pursue both criminal and civil actions as follows:

1.File a Criminal Complaint Under Section 12/1
The employer can report the case to the police, supported by evidence such as:

o    System access logs

o    Proof of data deletion or alteration

o    Witness statements or written communications showing intent

The offender may face up to 5 years’ imprisonment, a fine up to 100,000 baht, or both.

2.File a Civil Lawsuit for Damages
The employer can also claim compensation for:

o    Loss of business opportunities

o    Costs to repair or recover data

o    Reputational damage

The employer must prove that the damages were directly caused by the employee’s intentional act.

3.Take Disciplinary Action
If the employee is still under employment, the company may terminate without compensation, under Section 119 of the Labour Protection Act B.E. 2541, which allows dismissal for serious misconduct causing employer’s damage.

Proving “Intent” Is Key

The court will focus on the employee’s intent.
If the damage was accidental for instance, due to technical error it may not fall under Section 12/1.
However, deliberate actions such as:

• Deleting critical data,
• Blocking system access, or
• Corrupting important files
  clearly demonstrate intent to cause harm and are punishable under the law.

What Employers Must Be Careful About?

Even if the damage is serious, all actions against employees must comply with labor laws.
Wrongful dismissal without sufficient evidence can result in counterclaims.
Also, unauthorized access to an employee’s private accounts could violate personal data protection laws.
Therefore, it is crucial to let a qualified lawyer handle evidence collection and procedural steps from the start.

Why Should Employers Consult a Lawyer Early?

This type of case involves three areas of law:

• Criminal law (computer-related offenses),
• Civil law (claims for damages), and
• Labor law (employee rights).

If handled incorrectly, employers might lose legal advantage or face additional lawsuits.
A lawyer ensures the case aligns properly with Section 12/1 and maximizes the employer’s legal protection.

Don’t Handle It Alone-Consult a Lawyer First

When an employee causes damage to your company’s computer system whether intentionally or in a moment of anger do not attempt to handle it on your own.
These cases are legally complex, and employees remain protected under labor law.

Consulting an experienced lawyer helps determine:

• The proper legal charge,
• How to preserve evidence, and
• How to file effectively under Section 12/1.

Wongsakorn Law Office offers legal consultation and representation for employers and companies harmed by employee misconduct.
Our team of experts specializes in labor law and computer-related cases ensuring your rights and your company’s interests are fully protected.

👉 Consult our lawyers before taking any action to protect your company’s future.