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Monitoring bodies: accreditation requirements approved.

As a result of a complex process also involving the European Data Protection Board, the Italian Data Protection Authority has definitively approved the requirements for the accreditation of the Monitoring Bodies to which the Regulation EU 2016/679 confers the task of monitoring the compliance with the provisions of the codes of conduct drawn up by associations and other bodies representing categories of controllers or processors after the approval by the competent supervisory authority.

4 August 2020

Family Trusts: Limits on foreclosure and/or repossession.

The Supreme Court with its decision n. 8201 27 April 2020 pinpointed the limits of the foreclosure procedure with regards to family trusts. Family trusts, relate to a specific statutory institution, whereby a separated and tied-up wealth can be constituted to satisfy exceptional family needs; indeed it includes assets that cannot be subjected to repossession to extinguish debts that the creditor knew were contracted for purposes unrelated to the needs of the family.
This decision has given the Court a chance to specify the nature of the assets that make-up the trust therefore cannot be foreclosed.

31 July 2020

Defective product and the consumer’s right to compensation.

The Supreme Court, with its decision n. 1082 of 20 January 2020, examined the consumer’s right to receive compensation for a product which is defective when the replacement of such was considered too expensive for the seller. Although this right is not considered by the consumer code, the Court pointed out that the code does not exclude other rights granted by the legal system, amongst which the right to receive compensation for defective products.

27 July 2020

Transfer of personal data to the US: a new beginning after the Privacy Shield?

With the judgment dated as of July 16, 2020, the Court of Justice of the European Union declared the invalidity of the decision of the Commission (EU) 2016/1250, establishing the so-called “Privacy Shield”, i.e. the mechanism, based on an official agreement between the Union and the United States of America, which until now has been regulating the overseas transfer of personal data of European citizens, deeming it as unsuitable to ensure an adequate level of protection for personal data.

24 July 2020
    • Tonucci & Partners