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The crime of embezzlement committed through the misappropriation of computer files.

The Court of Cassation, through the sentence no. 11959/2020, clarified that the files stored on electronic devices or servers have a physical dimension that allows their possession and fall within the definition of “mobile thing”. Therefore, those who appropriate it in the context of the employment relationship commit the crime of embezzlement. Follows analysis of the Criminal & Compliance lawyers of Tonucci & Partners.

4 May 2020

The face masks as a necessary asset of general economic interest, for a temporary period. The maximum sale price and limitations to private contractual freedom.

The Ordinance by the Extraordinary Commissioner no. 11 as of 26 April 2020, set forth that face masks can be marketed by the final reseller at a maximum price of Euro 0.50 each. This measure is aimed at making an asset deemed “useful” to contain the epidemiological emergency of COVID-19 “fairly” affordable. However, the provision shows critical issues for the distribution chain and can jeopardize the validity of existing commercial agreements.

4 May 2020

Immuni, data protection issues.

Contribution by Alessandro del Ninno of Tonucci & Partners, interviewed within the article published on Key4biz, about data

30 April 2020

Established and domiciled sports agents: the new regulatory regime.

On 24 February 2020, the Minister for Youth Policy and Sport On. Vincenzo Spadafora signed the Ministerial Decree on sports agents, amending the Decree of the President of the Council of Ministers of 23 March 2018 and taking into account the resolution of the National Council of CONI no. 1649 of 29 October 2019, whose effects had been suspended by subsequent resolution of the President of CONI no. 05/05 of 15 January 2020.

The scope of this new Decree is to address the need to specifically establish the regulatory provisions relating to the recognition of professional qualifications obtained by sports agents in other EU and non-EU Member States, harmonizing and facilitating the recognition procedure, in order to allow these subjects to carry out their activities also in Italy.

In recent years, the role of sports agents has become increasingly important in the sporting sector, especially in football. It has therefore become more necessary and increasingly required a clear regulation of the activity of these professionals. What rules have been introduced into our system?

29 April 2020

Activation to access the Public Register of Objections for ordinary mail marketing operators.

As of March 26, 2020, the process of extending the obligations to consult the “Registro Pubblico delle Opposizioni” (Public Register of Objections) established by the Italian Ministry of Economic Development pursuant to Italian Presidential Decree no. 178/2010 to marketing activities by ordinary mail was completed.
From that date, therefore, any subject wishing to use postal addresses associated with holders of public numbering included in telephone directories, to send marketing communications by ordinary mail, will also have the obligation of checking whether such addresses are registered in the “Registro Pubblico delle Opposizioni”.

28 April 2020
    • Tonucci & Partners