PRIVACY

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Personal data on TV: the compensation is confirmed if there is no consent.

A professional can claim for compensation for damages suffered as a result of the diffusion, without a prior consent, of his name in relation to the location of his professional office during a television program, and in a context different from the professional one.
This is what the Court of Cassation ruled with the ordinance n. 3426 dated 13th February 2018.

Digital signage and facial recognition: privacy notice required.

Pedestrians who watch advertisements displayed on “totems” (advertising columns that use the digital signage technology) must be specifically informed about the presence of a webcam that captures and analyzes their reactions.
This is what the Data Protection Authority stated by the decision n. 551 dated December 21th 2017.

Online contracts: choice of jurisdiction clause valid if accessible through a link.

The jurisdiction clause in an online contract can be extended and is effective if it is an integral part of the general terms and conditions which are mentioned, in the purchase order, by means of a link necessary to access to them.
This is what has been stated by the Italian Court of Cassation with its order no. 21622 dated 19 September 2017.

UK – IP professionals ask the Government to continue the application of the European Law after Brexit.

In the UK professional services are thinking about how the post-Brexit will be or shall be. CIPA
gave its directions, along with the most important institutes of the British sector. It also participated in the drafting of a joint note with the Law Society, the IP Bar, CITMA and the IP Federation on what the government ought to seek to achieve in relation to intellectual property rights after Brexit.

Online sales of luxury goods.

In a legal dispute between a German company and its distributor, the Advocat General Mr. Whal at the EU Court of Justice stated that the sale of luxury goods can be reserved to a selective distribution without breaching the EU competition rules.

Privacy e lavoro

Il Garante per la protezione dei dati personali ha emanato un vademecum per il corretto trattamento dei dati