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Foreclosure conversion and creditors’ intervention.

With the ordinance n. 411 of 13 January 2020, the Supreme Court confirmed its position according to which, in order to determine the amount due for the conversion foreclosure pursuant to art. 495 of the Civil Procedure Code, the credits of those who have made the intervention during the executive procedure must also be taken into account, so far as the intervention was carried out before the hearing.

Data breach management: what arises from the 2019 sweep results.

The Global Privacy Enforcement Network’s annual survey focused on the management of data breaches by public and private entities; the 2019 sweep survey involved 16 Authorities for the processing of personal data, including the Italian one. The investigation has taken into account various aspects of the management of a data breach, including how the reports/notifications and the implementation of the counter-measurements to prevent the repetition of the breach were managed.  The Study revealed that only a few entities have an in-depth knowledge of data breach management.

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.