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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.

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).

A real estate purchase in bitcoin obliges professionals to apply rules to avoid money laundering.

The traceability of bitcoin and other crypto – currencies transactions is a matter of fact. However, the data processing access systems do, without exception, not work on an identification principle but on a mere information and computer credentials check and this does exactly imply the discrepancy with the money loundering regulations: the informatics system which identifies and recognizes pin, password and other credentials is never supposed to guarantee the real identity of the one who makes a transaction.