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Online services: EDPB guidelines available online.

Following a public consultation process, the European Data Protection Board has adopted the final version of the Guidelines 2/2019 on the processing of personal data under Article 6(1)(b) of Regulation (EU) 2016/679 – General Data Protection Regulation (the “GDPR”) in the context of the provision of online services to data subjects.

Procedure for dispute resolution regarding the Domain name: instructions and requirements for claims.

The domain name is a technical device to indicate in a comprehensible manner the address of a website in the world wide web, which corresponds to a single sequence of numbers.
The possibility to use letters combined with numbers allows to obtain domain names with a strong commercial impact. From this derives the need to create a system of protection against abuse of domain names similar and confusing with the legitimate owners’ ones.
It seems useful to examine the remedies available with reference to domains with geographical extension .it, relating to Italy.

An employee who does not inform the employer of irregularities performed by his colleagues is liable to dismissal, according to the Appeal Court.

By sentence n. 30558 of 22 November 2019 the Supreme Court, Labor Section, held that the conduct of the employee who does not notify the emplyer of irregularities brought about by his colleagues, integrates a just cause for dismissal due to violation of duties of care and loyalty obligation. So each worker in a company is liable to inform the employer of any irregularities. Closer analysis by Tonucci & Partners experts here in below.

Conversion of 2020 Tax Decree into Law: news regarding the fiscal burden for building contracts.

The Parliament, with many modifications and additions, approved the text of the Code in first reading 2020 tax decree. The rules for the new system of withholding and compensation in contracts change, introduced to counter the illegal administration of labor and the failure to fulfill tax obligations by contractors and subcontractors of outsourced work. From 1 January 2020, the payment of withholding taxes will no longer be delegated to the client and must be carried out by the contractor or contractor and the subcontractor

The Russian roulette clause is legitimate.

The inclusion of the so-called “Russian roulette” or “cowboy” clause within the statute of a Joint Stock Company or Limited Liability Company is allowed in cases of decisional deadlock.

Commercial communications and the consent of data subjects.

Sending commercial communications for promotional purposes to users must always be preceded by the acquisition of a valid consent, which must be free, specific and accountable. The Data Controller is also responsible for implementing adequate organizational and technical measures in order to guarantee the correct management of the data subjects rights, with particular emphasis to the right to object to the processing.
This is what was established by the provision of the Data Protection Authority n. 133 of 20 June 2019.

Milan Court has recognized a U.S. class settlement.

The Court of Milan has recognized a New York District’s Court ruling validating a class action settlement and, consequently, has prevented the plaintiff, who had not exercised the opt-out right in the U.S. proceedings, to obtain the same compensation for damages settled in the U.S. court.

“Business Crisis and Job Protection” Decree becomes Law and confirms “riders” protection.

The Decree for the Protection of Work and Corporate Crisis laying down urgent measures for the protection of work and the resolution of company crises has been converted into Law no. 128/19 which intervenes in the economic and regulatory protection of certain types of workers belonging to protected categories, “riders” and those performing socially useful or public service and precarious tasksIt also provides for measures to guide the treatment of digital workers towards the subordination model by impacting on the wider context of digital platforms using the coordinated collaboration model, and continued “organized”or use the system of self-employment, now widespread.

CEDU’s go-ahead concerning hidden cameras on workplace.

The Court of Human Rights in Strasbourg states that an employer, in order to verify any unlawful acts against the company, may install hidden video surveillance cameras without alerting its employees, without prejudice to the right to confidentiality, where the employer has a well-founded suspicion that he is being robbed and the losses incurred are considerable. The ruling of the CEDU was shared by the Italian Privacy Authority, which in a note of 17 October 2019, stresses that the judgment on the one hand justifies the hidden cameras, on the other hand, it confirms the principle of proportionality as an essential requirement for legitimising controls in the workplace. The authority which guarantees the protection of personal data states that the essential requirement for controls at work to be legitimate is that they be strictly proportional and not excessive. Once again, the basis for the protection of personal data is confirmed.