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Coronavirus: new guidelines on containing the spread of the virus adopted

In light of the approval, of the “Shared Protocol for the regulation of measures to combat and contain the spread of the Covid-19 virus in the workplace” (the “Protocol”) on March 14, 2020, we deem necessary to update our previous newsletter having as object the relationship between the autonomous initiatives of employers in order to manage the emergency related to the spread of the COVID-19 virus (“Coronavirus”) and the legislation on the protection of personal data.

Impact of emergency measures against Coronavirus.

The measures adopted at national and global level for the containment of the Coronavirus might have a strong (mostly negative) impact on the economy; it is possible that such decision might causeng delays in performance of Italian companies.

SARS CoV-2: force majeure event?

It is not certain that SARS CoV-2 can automatically be considered a force majeure event: the force majeure event must always be verified on case-by-case basis, by means of a judicial assessment that ascertains its actual impact on the contractual relationship.

SARS-COV-2: Italian urgent provisions on transport contracts.

The Italian Government regulated the issue of transport and package tour contracts, providing in certain circumstances related to the SARS-CoV-2 outbreak, the reimbursement of the price due to the impossibility to provide the service, pursuant to art. 1463 of the Italian Civil Code.

Unsolicited promotional activities: the Italian Data Protection Authority fines Eni Gas e Luce for 8 million euros.

The company Eni Gas e Luce has received from the Italian Data Protection Authority an administrative sanction of € 8,500,000.00 for unwanted telemarketing activities and unlawful management of contact data used for marketing campaigns. The company was sanctioned for having made advertising calls without the consent of the data subjects, for not having adopted adequate technical and organizational measures to implement the expressions of will of the data subjects and for having kept the data of the data subjects for a longer period than the necessary period to pursue the purposes. This is what emerged from the investigations of the Guarantor, which began following some reports received by the Authority during 2018 and 2019.

Limits for trademark registration due to likelihood of confusion.

The Court of Cassation has recently stated that, according to the Industrial Property Code, signs which, at the time of application, are similar to those already registered in a State by others, may not be registered as a trademark if as such the similarity or identity between the goods or services are such to create confusion for the consumers, consequently leading to an association between the two signs.,

The establishment and structure of a corporate joint venture.

A corporate joint venture is a cooperation between two or more companies, aimed at achieving strategic objectives for development, through the sharing of mutual skills, resources and knowledge.
These characteristics are common to various forms of corporate implementation and management schemes, whose choice is influenced and suggested by the specific nature of the business the proposed collaboration relates to.

The Italian Data Protection Authority against ENI: multimillion-dollar fine.

Unsolicited contracts, inaccurate data and false subscriptions: the manifestly incorrect and fraudulent conduct of one of its agencies and the failure to apply adequate controls has cost Eni Gas e Luce S.p.A. a 3 million euro fine due to the several breaches found by the Italian Data Protection Authority with reference to the processing of personal data connected to the activation of energy supply contracts.

The Bank of Italy issued instructions on the early repayment in credit agreement for consumers.

for consumers, establishing that, in case of early repayment, consumers’ right to the reduction in the total cost of the credit shall include all costs to be borne by the consumer. In particular, not only shall the reimbursement include all recurring costs, but it shall also include any upfront costs that do not depend upon the duration of the credit agreement (e.g. processing costs). These instructions follow the judgement of the EU Court of Justice dated September 11, 2019 (case “Lexitor” C-383/18), that gave a new interpretation of Article 16, paragraph 1, of the EU Directive 2008/48/CE on credit agreements for consumers.