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The Supreme Court of Cassation: tailing employees for extended periods is legitimate.

With the judgment n. 17723 dated 18th July, 2017, the Supreme Court of Cassation addressed the matter of the employer’s so called “defensive controls” carried out by private investigators, that proved to be legitimate in the Court’s opinion. The Judges established that following the employee for an extended period does not violate neither the privacy regulation nor the labor law.

Database transfer without adequate information and consent: sanctions may be doubled.

With the judgment n. 18619 dated 27th July 2017, the Supreme Court of Cassation addressed the matter of a database transfer containing personal data without the provision of adequate information to and the consent by the data subjects. The Court has therefore confirmed that the aggravating set forth by art. 164 bis of the Legislative Decree n. 196/2003 is applicable notwithstanding the actual usage of the data acquired.

Videotaping on cloud: the private copy exception.

The Advocate General to the Court of Justice, Szpunar, with his conclusions of 7th September 2017 in the case C-265/16, adopted a position about the videotaping of television programs on the cloud, stating, in particular, in which cases the so called ” private copy exception” can be applied and in which cases the consent of the copyright holder is required.

The MEDI has initiated non-refundable grants of up to €25,000 for small/medium Italian Companies.

The new project offers the possibility to small/medium Italian companies, that wish to develop their businesses abroad, in obtaining a non-refundable grant in the form of Vouchers through assistance rendered by specialized professional bodies (Temporary Export Manager or TEM). The companies interested in such a grant have to go through the entities  who supply such services and that are authorized by the Government. The latter will publicize a list of authorized Companies by the 20th December 2017 to which the interested party can turn to for assistance in obtaining such grants. T&P will interact with the TEM in developing projects to help small/medium companies who wish to obtain legal expertise specialized in international environments.

Working hours for contribution purposes (NHSS).

The working hours subject to contributions, not only include the time pertinent  to the working activity, but also that necessary to the actual preparation   necessary to deliver the service.

The right to be forgotten online: a period of time may not be enough.

With the Decision no 277 dated 15th June, 2017, the Italian Data Protection Authority (IDPA), addressed again the matter of the right to be forgotten, stated that whilst the timeframe is a crucial factor, its relevance can be limited if the information, whose cancellation is required, is related to the particular role carried out by the subject in public life.

Copyright infringed if the essential features are copied.

The Court of Milan, with the judgment no. 7480 published on 4 July 2017, has ruled on copyright by declaring that the right is infringed if the copying artwork is characterized by the same “representative personality that delineates the copied artist’s repertoire “.