Comments and tools from De Luca & Partners’ experience
Categories: Practice
The Data Protection Authority, with “Measure no. 216 dated 4 December 2019“, confirmed an already consolidated position, according to which employers that keeps an employee’s company email account active after the termination of the employment contract and accesses the emails contained in the mailbox, commits an offence. The case A company used the labour court ....
Categories: Practice
The Central Directorate of Supervision, Legal Affairs and Litigation of the National Labour Inspectorate (“INL“), with note no. 9728 dated November 12, 2019, authorised the installation of an application on smartphones assigned to so-called Drivers, allowing for their geolocation during the delivery of goods. This is provided that the companies concerned are not RSAs or ....
Categories: Practice
On 6 September 2019, the European Data Protection Board (“EDPB“) completed its public consultation on the document containing the draft of the forthcoming Guidelines 3/2019 concerning video surveillance (“Guidelines 3/2019 on processing of personal data through video devices“). The images and audio tracks that are processed through the use of video surveillance systems, fall under ....
Categories: Practice
INPS, with message no. 3359 of 17 September 2019, summarised and explained to the economic operators and their area offices, the principles established at the Supreme Court level regarding the compatibility between the ownership of corporate offices and/or the figure of the shareholder of corporations with a clear employment relationship. The message is based on ....
Categories: Practice
With Regulation 157 of 30 July 2019, which fully replaces all previous measures on the subject, the Guarantor for the Protection of Personal Data has provided the form for reporting computer incidents. Data Breach Pursuant to Article 33, paragraph 1, of the EU Regulation 2016/679 on the protection of personal data (the “GDPR“), the Data ....
Categories: Practice
The procedure for revising the 9 General Authorisations issued by the Privacy Guarantor in 2016 when the previous legislation was in force, in light of the EU Regulation on the protection of personal data 2016/679 (“GDPR“), has been completed. At the end of the public consultation launched last December, the Guarantor adopted Regulation 146 of ....
Categories: Practice
The National Labour Inspectorate (“INL“), with note 5398/2019provided its opinion regarding a hypothesis of transnational posting of workers, carried out by a company established in an EU country in favour of its own production unit located in Italy. Case in question The inspectors objected to a case of non-authentic posting, pursuant to Article 3, ....
Categories: Practice
The INPS, with circular 63 of 9 May 2019, provided: clarifications on payment of contributions for salaries exceeding the annual maximum for contributions and base pensions, as well as on the limitation period for reimbursement claims; operating instructions on the recovery of undue contribution, not prescribed, and on the management in the Uniemens flow of ....