On May 4, 2020, the European Data Protection Board adopted an updated version of the Guidelines on consent under Regulation 2016/679, originally drafted by Article 29 Working Party back in 2017 and already subject to a first revision on April 10, 2018, introducing some important new features regarding cookies.
The Ordinance 31051 of 2019 provided the Supreme Court with the opportunity to analyze the regulatory requirements for the establishment of a pledge on limited partnership shares, as well as the methods and formalities with which it is implemented. The Court, with the order in question, specifies what the relevant rules are in order to consider the pledge validly constituted and enforceable against third parties.
The precautionary request for a proposed injunction of the surety, on the assumption of the impossibility of payment by the tenant of commercial property is well founded, due to the closure of business activities provided for by the restrictive anti-COVID-19 pandemic measures.
The measures imposed on public and private companies for the containment of the Covid-19 virus, provided for by current legislation and the “Shared protocol for the regulation of measures to contain the spreading of the Covid-19 virus in the place of work” of 14 March 2020, as amended and integrated, include provisions involving the processing of personal data by employers, both in the data relating to employees and to any third parties accessing company’s premises, ensuring the health and safety within the place of work. Therefore, more specifically to the critical data protection issues, the Data Protection Authority has intervened providing companies with concrete indications regarding the correct processing of personal data in the current emergency situation.
The Ministry of Economic Development with its Newsletter no. 88612 of 25 March 2020 ruled that the Chamber of Commerce may issue declarations in English, if so requested by Companies, certifying “force majuere” conditions resulting from the current Covid-19 emergency.
The Court of Milan holds an automatic event of termination clause based on one of the parties’ breach of contract not to be overreaching. As such, unlike other overreaching covenants it does not require the specific written approval by the parties not to be considered invalid.
The Legislator, when converting the so-called “Cura Italia” decree by way of l. n. 27/2020, introduced a provision that put an end to a problem that already came out at the beginning of the social distancing imposed by the pandemic Covid – 19 emergency, prescribing the useful methods regarding the remote release of the power of attorney.
As part of a Community approach to combating and containing the diffusion of the COVID-19 virus (the “coronavirus”), the European Commission has adopted the Guide to Data Protection in Applications to Support the Fight Against the COVID 19 Pandemic (the “Guide”).
Herewith below you can find the second part of the analysis of the aforesaid guidelines (the first part is available here) concerning privacy by design and by default, measures to be taken in order to ensure compliance with the principles of lawfulness, purposes of data minimization, access and storage limitation, based on the various features of the apps under review.
Nell’ambito dello sviluppo di un approccio comunitario al contrasto ed al contenimento della diffusione del virus COVID-19 (il
As part of an EU approach to fighting and containing the diffusion of the COVID-19 virus (the “coronavirus”), the European Commission has issued its guidelines for mobile applications supporting the fight against the pandemic, specifically focusing on the related data protection features.
The implementation of digital technologies (e.g. “contact tracing”) seems to represent a useful tool for national health authorities to monitor and contain the diffusion of the virus, especially in the post-emergency phase when containment measures are lifted, provided that the use of such solutions are made in the full respect of the citizens’ fundamental rights and freedoms, including, first and foremost, the individuals’ right to privacy and respect for their private lives.
Herewith below is the first part of the analysis of the aforesaid guidelines, that set out a number of general principles intended for the application, regardless of the specific characteristics of the individual applications.
The Law Decree n. 18 of 17 march 2020, containing the measures for the National health service and economic support for families, workers and companies, in order to prevent the epidemiological emergency created by COVID-19, states in art. 54 the derogation of the Law n. 244 dated 2007 art. 2 paragraph 275, regarding the “First home mortgage solidarity fund” (called “Fondo Gasparrini”). Disciplines in art. 54 of the Law Decree n. 18 of 2020, the cases in which it is possible to request for the suspension of mortgage payments have been extended.
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.
