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How to defend ourselves from the risks of “digital infection” from ransomware.

With COVID emergency and the consequent lockdown, the number of people who use internet and digital devices has increased considerably. The number of cases of “digital infection”,  particularly from ransomware, has increased accordingly. The Italian Data Protection Authority has recently published an informative guide lines regarding preventive methods to be adopted.

Right to be forgotten and balance with the right to information.

The Italian Supreme Court (Corte di Cassazione), recently returned to the topic of the so-called right to be forgotten, affirmed the need to preserve the historicity of news when it is of interest to the community and to the economic and social history of a Country, while reaffirming the need to balance the interest of the community to maintain the memory of past news with the interest of the individual to maintain control of his or her personal data. From this point of view, the Court considers the deindexing of news on the web together with its updating to be an appropriate measure to balance the individual’s right to be forgotten with the collective right to information.

Leasing contract transfer: applicable regulations in case of termination.

In the event of termination of the contract, the rules on the sale by retainment of the title may apply, with particular emphasis on the rule providing for the restoration of the original position of the contracting parties, which may only be applicable in the event that the termination of said contract was for failure.
However, in the case of consensual termination, the previous relationship is retrospectively invalid from the beginning, as such the aforementioned legal regulations do not apply

Data breach: accidental dissemination of whistleblowers’ data.

Rome’s University “La Sapienza” ended up in the Italian Data Protection Authority’s sights after having notified a violation of personal data as required by art. 33 of the Regulations. Such violation concerned the disclosure of personal data processed through the University’s platform used for the management of offence reports by employees and third parties within the whistleblowing regime. Following the notification breach, the Authority initiated investigations. Violations of the measures provided in the Regulations for the protection of personal data were ascertained, with particular emphasis to the provisions relating to the current security measures in force.

Cookies and consent: relevant news from the EDPB.

On May 4, 2020, the European Data Protection Board adopted an updated version of the Guidelines on consent under Regulation 2016/679, originally drafted by Article 29 Working Party back in 2017 and already subject to a first revision on April 10, 2018, introducing some important new features regarding cookies.

The pledge on limited partnership shares is established with the inscription in the Company Register.

The Ordinance 31051 of 2019 provided the Supreme Court with the opportunity to analyze the regulatory requirements for the establishment of a pledge on limited partnership shares, as well as the methods and formalities with which it is implemented. The Court, with the order in question, specifies what the relevant rules are in order to consider the pledge validly constituted and enforceable against third parties.

FAQ of the Data Protection Authority: data processing at work in context with the current health emergency.

The measures imposed on public and private companies for the containment of the Covid-19 virus, provided for by current legislation and the “Shared protocol for the regulation of measures to contain the spreading of the Covid-19 virus in the place of work” of 14 March 2020, as amended and integrated, include provisions involving the processing of personal data by employers, both in the data relating to employees and to any third parties accessing company’s premises, ensuring the health and safety within the place of work. Therefore, more specifically to the critical data protection issues, the Data Protection Authority has intervened providing companies with concrete indications regarding the correct processing of personal data in the current emergency situation.

MISE: force majeure certificates arrive.

The Ministry of Economic Development with its Newsletter no. 88612 of 25 March 2020 ruled that the Chamber of Commerce may issue declarations in English, if so requested by Companies, certifying “force majuere” conditions resulting from the current Covid-19 emergency.