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Tonucci & Partners, secondo il Legalcommunity – Labour Report 2017, viene riconosciuto come primario studio legale di consolidata

The so-called “agreement on the grounds of Appeal” has been reintroduced.

Within the recent legislative reform of the Italian Criminal Code and Criminal Procedure Code [“Reati, torna il concordato in appello” – Il sole 24 ore del 3 luglio 2017 ] the former legal mean known as “plea bargaining in Appeal” has been reintroduced with the new article 599 bis of the criminal procedure code as “agreement on the grounds of Appeal”.

The Supreme Court of Cassation: tailing employees for extended periods is legitimate.

With the judgment n. 17723 dated 18th July, 2017, the Supreme Court of Cassation addressed the matter of the employer’s so called “defensive controls” carried out by private investigators, that proved to be legitimate in the Court’s opinion. The Judges established that following the employee for an extended period does not violate neither the privacy regulation nor the labor law.

Database transfer without adequate information and consent: sanctions may be doubled.

With the judgment n. 18619 dated 27th July 2017, the Supreme Court of Cassation addressed the matter of a database transfer containing personal data without the provision of adequate information to and the consent by the data subjects. The Court has therefore confirmed that the aggravating set forth by art. 164 bis of the Legislative Decree n. 196/2003 is applicable notwithstanding the actual usage of the data acquired.

Videotaping on cloud: the private copy exception.

The Advocate General to the Court of Justice, Szpunar, with his conclusions of 7th September 2017 in the case C-265/16, adopted a position about the videotaping of television programs on the cloud, stating, in particular, in which cases the so called ” private copy exception” can be applied and in which cases the consent of the copyright holder is required.