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Monitoring bodies: accreditation requirements approved.

As a result of a complex process also involving the European Data Protection Board, the Italian Data Protection Authority has definitively approved the requirements for the accreditation of the Monitoring Bodies to which the Regulation EU 2016/679 confers the task of monitoring the compliance with the provisions of the codes of conduct drawn up by associations and other bodies representing categories of controllers or processors after the approval by the competent supervisory authority.

Family Trusts: Limits on foreclosure and/or repossession.

The Supreme Court with its decision n. 8201 27 April 2020 pinpointed the limits of the foreclosure procedure with regards to family trusts. Family trusts, relate to a specific statutory institution, whereby a separated and tied-up wealth can be constituted to satisfy exceptional family needs; indeed it includes assets that cannot be subjected to repossession to extinguish debts that the creditor knew were contracted for purposes unrelated to the needs of the family.
This decision has given the Court a chance to specify the nature of the assets that make-up the trust therefore cannot be foreclosed.

Defective product and the consumer’s right to compensation.

The Supreme Court, with its decision n. 1082 of 20 January 2020, examined the consumer’s right to receive compensation for a product which is defective when the replacement of such was considered too expensive for the seller. Although this right is not considered by the consumer code, the Court pointed out that the code does not exclude other rights granted by the legal system, amongst which the right to receive compensation for defective products.

Transfer of personal data to the US: a new beginning after the Privacy Shield?

With the judgment dated as of July 16, 2020, the Court of Justice of the European Union declared the invalidity of the decision of the Commission (EU) 2016/1250, establishing the so-called “Privacy Shield”, i.e. the mechanism, based on an official agreement between the Union and the United States of America, which until now has been regulating the overseas transfer of personal data of European citizens, deeming it as unsuitable to ensure an adequate level of protection for personal data.

The Italian Data Protection Authority issued a 600.000 euro fine to UniCredit.

The Italian Data Protection Authority has heavily sanctioned a leading Italian credit institution in connection with a series of shortcomings in the implementation of minimum security measures discovered after a personal data breach suffered by the bank’s IT systems between 2016 and 2017 and subsequently notified to the authority.

Company Leasing Contracts and Rental Agreements: distinguishing elements.

The Supreme Court in its statement dated 17 February 2020 n. 3888 provides the opportunity to identify distinguishing elements between Company Leasing Contracts and Rental Agreements. The Court lingers on the elements which characterize the company, in particular the organization of the same, an element that must pre-exist at the signing of the contract and therefore the analyze of the differences between the companys’ lease contract and its rental agreement.

WIPO -PROOF: A NEW WAY TO PROTECT INVENTIONS.

WIPO – The World Intellectual Property Organization – adds a new economical digital service called “wipo-proof” to the existing systems of intellectual property protection. Wipo-proof is a digital time mark that allows proof of the actual existence of a particular file at a certain time, it is extremely useful in cases of litigation concerning the paternity of the invention; however, it is not an alternative to the registration of patents or other IP protections.

Norway: COVID-19 contact tracing app blocked by watchdog.

Just over two months after its implementation, the Norwegian Data Protection Authority temporarily suspended the processing operations carried out through the app developed and adopted at national level for the purpose of monitoring and containing the spread of the COVID-19 virus (the “coronavirus”), addressing them as disproportionate and unnecessary due to various shortcomings in relation to the protection of users’ privacy.