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The Italian Data Protection Authority against ENI: multimillion-dollar fine.

Unsolicited contracts, inaccurate data and false subscriptions: the manifestly incorrect and fraudulent conduct of one of its agencies and the failure to apply adequate controls has cost Eni Gas e Luce S.p.A. a 3 million euro fine due to the several breaches found by the Italian Data Protection Authority with reference to the processing of personal data connected to the activation of energy supply contracts.

10 February 2020

The Bank of Italy issued instructions on the early repayment in credit agreement for consumers.

for consumers, establishing that, in case of early repayment, consumers’ right to the reduction in the total cost of the credit shall include all costs to be borne by the consumer. In particular, not only shall the reimbursement include all recurring costs, but it shall also include any upfront costs that do not depend upon the duration of the credit agreement (e.g. processing costs). These instructions follow the judgement of the EU Court of Justice dated September 11, 2019 (case “Lexitor” C-383/18), that gave a new interpretation of Article 16, paragraph 1, of the EU Directive 2008/48/CE on credit agreements for consumers.

6 February 2020

Commercial communications and the consent of its data subjects.

Sending commercial communications for promotional purposes to users must always be preceded by the acquisition of a valid consent, which must be free, specific and accountable. The Data Controller is also responsible for implementing adequate organizational and technical measures in order to guarantee the correct management of the rights of the data subjects, with particular reference to the right to object to the processing.
This is what is established by the provision of the Data Protection Authority n. 133 of 20 June 2019.

21 January 2020

Corporate liability action and the burden of proof.

The chief executive officer, defendant in a corporate liability action, is required to prove the fulfilment of its obligations, in order not to be held liable. This principle has been recently reaffirmed in decision no. 4294 of the Court of Milan, corporate section, of 06 of May 2019.

15 January 2020

Online services: EDPB guidelines available online.

Following a public consultation process, the European Data Protection Board has adopted the final version of the Guidelines 2/2019 on the processing of personal data under Article 6(1)(b) of Regulation (EU) 2016/679 – General Data Protection Regulation (the “GDPR”) in the context of the provision of online services to data subjects.

13 January 2020
    • Tonucci & Partners