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Coronavirus: new guidelines on containing the spread of the virus adopted

In light of the approval, of the “Shared Protocol for the regulation of measures to combat and contain the spread of the Covid-19 virus in the workplace” (the “Protocol”) on March 14, 2020, we deem necessary to update our previous newsletter having as object the relationship between the autonomous initiatives of employers in order to manage the emergency related to the spread of the COVID-19 virus (“Coronavirus”) and the legislation on the protection of personal data.

Impact of emergency measures against Coronavirus.

The measures adopted at national and global level for the containment of the Coronavirus might have a strong (mostly negative) impact on the economy; it is possible that such decision might causeng delays in performance of Italian companies.

SARS CoV-2: force majeure event?

It is not certain that SARS CoV-2 can automatically be considered a force majeure event: the force majeure event must always be verified on case-by-case basis, by means of a judicial assessment that ascertains its actual impact on the contractual relationship.

SARS-COV-2: Italian urgent provisions on transport contracts.

The Italian Government regulated the issue of transport and package tour contracts, providing in certain circumstances related to the SARS-CoV-2 outbreak, the reimbursement of the price due to the impossibility to provide the service, pursuant to art. 1463 of the Italian Civil Code.

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

Following the emergency measures adopted by the Italian Government as a consequence of the recent spread of the COVID-19 virus (known to most as “coronavirus”) in Italy and the consequent state of agitation among the public, the Italian Data Protection Authority issued a specific statement inviting public and private entities to comply with the procedures put in place by the competent authorities for the prevention and containment of the epidemic, avoiding the implementation of uncoordinated and unhelpful initiatives that could potentially violate the right to confidentiality of the data subjects concerned.