Generic filters

Infringement of compulsory maintenance: new art. 570 bis Penal Code. Critical analysis of the new law.

The new article 570 bis was introduced into the Penal Code on February 6-th.
The disposition under consideration provides for a specific case in point regarding the spouse who fails to fulfil the obligation of alimony payment due to dissolution or termination of marital status or marriage nullity which means infringement of economic obligations concerning divorce and children share foster care.
The regulation expression is subject to criticism because it seems to punish only the (non)performing spouse and not the parent obbliged to the alimony payment as well as seems applicable only in case of children share foster.

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.

Real estates transfers to funds and indirect taxes.

We received communication of a position expressed by the Italian Tax Authority oriented to extend the repeal of indirect taxes (different from VAT) reduction in the matter of taxation of real estates transfers to funds, as contribution.

The recent criminal proceedings appeal reform.

Legislative Decree no 11 of February 6th 2018 concerning regulations in matter of appeal proceeding rules amendment which entered into force on March 6th 2018, was published by the Official Gazette on February 19th.
The Government has, thus, implemented the statement provided by 2017 Law no. 103 which outlines the criminal and criminal procedures law reform. The new regulations regarding the appeal procedures are clearly aimed at skimming the number of proceeding before the Courts of Appeal, simplifying the rules and reducing the possibility to appeal a sentence.

Teaching methods are not protected by copyright.

A method of teaching cannot be subject to copyright.
The copyright law, indeed, does not recognize and protect intellectual works as such, but exclusively in the particular forms in which they are manifested.
This is what results from the decision of the Court of Milan n. 9538 filed on 22nd September 2017.

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.

The difference between “unauthorized access to a data processing or computer system” and “computer fraud”.

By recent judgment nr. 11075 dated March 13-th 2018, Court of Cassation explained that the access to a data processing system for purposes other than the authorized ones, with the aim of benefiting from the stolen data, becomes part either of the offence as provided by art. 615-ter c.c. (computer fraud) or of the one provided by art. 615 – ter c.c (unauthorized access to a data processing or computer system).