Generic filters

Covid-19: the remote release of the power of attorney in the tax trial.

The Legislator, when converting the so-called “Cura Italia” decree by way of l. n. 27/2020, introduced a provision that put an end to a problem that already came out at the beginning of the social distancing imposed by the pandemic Covid – 19 emergency, prescribing the useful methods regarding the remote release of the power of attorney.

COVID, mobile apps and privacy: European Commission guidance available online (pt. II).

As part of a Community approach to combating and containing the diffusion of the COVID-19 virus (the “coronavirus”), the European Commission has adopted the Guide to Data Protection in Applications to Support the Fight Against the COVID 19 Pandemic (the “Guide”).
Herewith below you can find the second part of the analysis of the aforesaid guidelines (the first part is available here) concerning privacy by design and by default, measures to be taken in order to ensure compliance with the principles of lawfulness, purposes of data minimization, access and storage limitation, based on the various features of the apps under review.

COVID, mobile apps and privacy: European Commission guidance available online (pt. I).

As part of an EU approach to fighting and containing the diffusion of the COVID-19 virus (the “coronavirus”), the European Commission has issued its guidelines for mobile applications supporting the fight against the pandemic, specifically focusing on the related data protection features.
The implementation of digital technologies (e.g. “contact tracing”) seems to represent a useful tool for national health authorities to monitor and contain the diffusion of the virus, especially in the post-emergency phase when containment measures are lifted, provided that the use of such solutions are made in the full respect of the citizens’ fundamental rights and freedoms, including, first and foremost, the individuals’ right to privacy and respect for their private lives.
Herewith below is the first part of the analysis of the aforesaid guidelines, that set out a number of general principles intended for the application, regardless of the specific characteristics of the individual applications.

“First home mortgage solidarity fund” pursuant to art. 54 Law Decree n. 18 of 17 March 2020.

The Law Decree n. 18 of 17 march 2020, containing the measures for the National health service and economic support for families, workers and companies, in order to prevent the epidemiological emergency created by COVID-19, states in art. 54 the derogation of the Law n. 244 dated 2007 art. 2 paragraph 275, regarding the “First home mortgage solidarity fund” (called “Fondo Gasparrini”). Disciplines in art. 54 of the Law Decree n. 18 of 2020, the cases in which it is possible to request for the suspension of mortgage payments have been extended.

Foreclosure conversion and creditors’ intervention.

With the ordinance n. 411 of 13 January 2020, the Supreme Court confirmed its position according to which, in order to determine the amount due for the conversion foreclosure pursuant to art. 495 of the Civil Procedure Code, the credits of those who have made the intervention during the executive procedure must also be taken into account, so far as the intervention was carried out before the hearing.

Data breach management: what arises from the 2019 sweep results.

The Global Privacy Enforcement Network’s annual survey focused on the management of data breaches by public and private entities; the 2019 sweep survey involved 16 Authorities for the processing of personal data, including the Italian one. The investigation has taken into account various aspects of the management of a data breach, including how the reports/notifications and the implementation of the counter-measurements to prevent the repetition of the breach were managed.  The Study revealed that only a few entities have an in-depth knowledge of data breach management.

The crime of embezzlement committed through the misappropriation of computer files.

The Court of Cassation, through the sentence no. 11959/2020, clarified that the files stored on electronic devices or servers have a physical dimension that allows their possession and fall within the definition of “mobile thing”. Therefore, those who appropriate it in the context of the employment relationship commit the crime of embezzlement. Follows analysis of the Criminal & Compliance lawyers of Tonucci & Partners.

The face masks as a necessary asset of general economic interest, for a temporary period. The maximum sale price and limitations to private contractual freedom.

The Ordinance by the Extraordinary Commissioner no. 11 as of 26 April 2020, set forth that face masks can be marketed by the final reseller at a maximum price of Euro 0.50 each. This measure is aimed at making an asset deemed “useful” to contain the epidemiological emergency of COVID-19 “fairly” affordable. However, the provision shows critical issues for the distribution chain and can jeopardize the validity of existing commercial agreements.

Established and domiciled sports agents: the new regulatory regime.

On 24 February 2020, the Minister for Youth Policy and Sport On. Vincenzo Spadafora signed the Ministerial Decree on sports agents, amending the Decree of the President of the Council of Ministers of 23 March 2018 and taking into account the resolution of the National Council of CONI no. 1649 of 29 October 2019, whose effects had been suspended by subsequent resolution of the President of CONI no. 05/05 of 15 January 2020.

The scope of this new Decree is to address the need to specifically establish the regulatory provisions relating to the recognition of professional qualifications obtained by sports agents in other EU and non-EU Member States, harmonizing and facilitating the recognition procedure, in order to allow these subjects to carry out their activities also in Italy.

In recent years, the role of sports agents has become increasingly important in the sporting sector, especially in football. It has therefore become more necessary and increasingly required a clear regulation of the activity of these professionals. What rules have been introduced into our system?

Activation to access the Public Register of Objections for ordinary mail marketing operators.

As of March 26, 2020, the process of extending the obligations to consult the “Registro Pubblico delle Opposizioni” (Public Register of Objections) established by the Italian Ministry of Economic Development pursuant to Italian Presidential Decree no. 178/2010 to marketing activities by ordinary mail was completed.
From that date, therefore, any subject wishing to use postal addresses associated with holders of public numbering included in telephone directories, to send marketing communications by ordinary mail, will also have the obligation of checking whether such addresses are registered in the “Registro Pubblico delle Opposizioni”.

Recapitalization pursuant to Article 2482 ter of the Italian Civil Code and exercise of the company’s action for liability of the directors of limited liability companies (s.r.l.).

The decision of the Court of Milan as of 10 October 2019 stated that no judicial proceeding against the directors can start or progress if the legal action has been enforced by a quota-holder who has waived to subscribe the capital increase approved by the quota-holders’ meeting pursuant to Article 2482 ter, paragraph 1, of the Italian Civil Code, since this results in the loss of the status of quota-holder of the company and, therefore, in the loss of the right to carry out legal actions against the directors in lieu of the company as its judicial substitute.