The European Parliament has finally approved the reforms on the posting of workers in the provision of transactional services within the European Union in order to eliminate the unequal treatment of relocated workers and obstacles to the free movement of persons and services between Member States by removing restrictions based on the nationality and residence of these subjects.
La Cassazione si pronuncia sul tema della legittimità delle registrazioni sul luogo di lavoro. La Corte di Cassazione
The Italian Supreme Court (Corte di Cassazione) stated on the legitimacy of recordings at workplace.
The Court stated the legitimacy of recording the conversations with colleagues made by a worker in order to defend his rights against the employer’s initiatives of dubious legitimacy.
Therefore, according to the Court, recordings do not ground disciplinary sanctions toward the worker who made them, and rather legitimize the worker reintegration in the workplace.
On 12 June 2018, the European Parliament approved new EU-wide principles for drones and drone operators to ensure an adequate level of safety and give operators and manufacturers a common legal environment across the EU that may boost development of drone based products and services and related business. The rules now need to be approved by the EU ministers.
The legislative Decree no. 51 of 18 May 2018 which entered into force on 8 June has provided for the implementation of UE instructions (directive) 2016/680 of European Parliament and Council dated 27 April 2016 with regard to personal data processing by competent authority in criminal matters.
Equity Crowdfunding is growing in Italy. Carlo Scapra, Partner at Tonucci & Partners, will talk about it on 20th June in Padua, together with ODCEC Padova (Certified Public Accountants, Auditors and Advisors), BANCAETICA, STARSUP Crowdfunding portal and some of its protagonists in this practice .
For the purpose of extending the bankruptcy to the so called “silent partner”, for which is not provided any time limit, the affectio societatis of the person apparently unrelated to the capital structure must be assessed on the basis of circumstantial evidence which shows a continuous and systematic support to the business activity.
This is what the Court of Padua ruled with the decree filed on 12th February 2018.
The unlimited storage in the corporate server of messages contained in the e-mail account assigned to the employees and their monitoring by the employer for imposing disciplinary measures has been found unlawful.
With judgement C-320/16 Uber France SAS the Court of Justice of the European Union established that the domestic regulation of a member state providing for restraints – also by means of criminal sanctions – for the service of intermediation between customers and persons offering road transportation services named “Uber Pop” shall not be notified in advance to the European Commission as set forth in section 1 of Directive 98/34/EC.
The reputation of the designer is relevant for the judgment concerning the existence of the artistic value. It is a necessary requirement for the protection, according to the copyright, of an industrial design work.
This is what the Court of Milan ruled with sentence no. 11942 dated 28 November 2017.
The monitoring of a call center operators by management tool software has been found to be unlawful, not only according to the applicable data protection law and regulations but also to the labour legislation on remote monitoring of workers pursuant to art. 4 Law no. 300 dated 20th May 1970 ( “Workers’ Statute”).
Advertising messages can be included amongst the “intellectual works” protected by the copyright law. Creativity and originality, necessary preconditions for the protection, subsist even when the work is characterized by a simple idea or notion already known by the subjects operating in the specific sector. However, they must be expressed and organized in an independent way.
This is what the Court of Cassation ruled with the ordinance n. 24062 filed on 12th October 2017.
