Insights

The European Regulation on the Protection of Personal Data is entering into force. Starting from 25 May , 2018, the European Regulation will be fully operative, introducing many news on the matter of privacy; news that companies will have to deal with on a daily basis. First of all, the accountability principle is introduced: more ....

Con la sentenza n. 7581 del 27 marzo 2018, la Corte di cassazione è tornata ad occuparsi della discussa questione del cd. diritto di accesso agli atti nell’ambito di un procedimento disciplinare. Nel caso di specie, i giudici di merito avevano ritenuto illegittimo il licenziamento intimato ad un dipendente per aver svolto altra attività lavorativa, ....

The Supreme Court (judgement no. 6608/2018) stated that the typing of just cause for dismissal listed in the collective agreements are as an example and are not necessarily binding, having therefore the Court the power to expand or to circumscribe the extent to disciplinary purposes. Within its powers, therefore, the Judge, in the opinion of ....

The Court of Cassation, with judgement of 1 March 2018 no. 4883, declared that a dismissal for just cause imposed on a worker because he had faked ill health is retaliatory. This is so because the disease of which the employee suffered turned out to be real on the basis of objective data and logical ....

The Data Processor pursuant to Article 28 of the Personal Data Protection Code (the EU “GDPR”) is an external party that processes personal data on behalf of the Data Controller. The Data Processor must be appointed by way of a contract/legal deed that binds it to the Controller. The Data Processor is expressly obliged to ....

On 22 March 2018, the Council of Ministers has approved the draft legislative decree laying down provisions on the adaptation of the national laws to the provisions of Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data (the “Regulation”). The draft legislative decree peremptorily sets out that ....

Last 9 March, Italian Trade Unions Confindustria, Cgil, Cisl and Uil, after years of unsuccessful attempts, have signed the so-called “Patto di Fabbrica”, which sets out a framework of shared rules on bargaining, industrial relations, representativeness, welfare and corporate security. The main objective of the Agreement is to modernize and newly define the industrial relations ....

The Data Protection Authority, on 26 March 2018, published on its official website a series of clarifications regarding the appointment and duties of the Data Protection Officer (“DPO”). In particular, the Authority listed all the persons obliged to appoint a DPO pursuant to Article 37 (1), b) and c) of Regulation (EU) 2016/679 and underlined ....