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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.

A significant ruling of the Supreme Court of Cassation on administrative liability of foreign legal Companies, without offices in Italy, for criminal offences committed in the territory of the State.

The Supreme Court of Cassation, by decision n. 11626 of 07.04.2020, ruled on a highly debated issue since the entry into force of the Legislative Decree no. 231/2001 stating that foreign legal entities, without offices in Italy, may be held liable for criminal offences committed in the Italian territory.

The protection for the buyer in shares purchase agreements.

The Supreme Court has recently stated, although in obiter dictum, that it is possible for the purchaser of shares to resolve the termination of the contract of the sale because of the different economic consistency of the company whose shares have been sold compared to that which was declared by the seller.

EDPB and COVID: experts at work on geolocation and scientific research.

During the last plenary session held on April 7, 2020, the European Data Protection Board (EDPB) entrusted its expert committees with the task of identifying and developing the relevant principles regarding the processing of personal data in the context of the containment of the COVID-19 virus through the approval of two specific mandates, concerning respectively the tracking and geolocation tools and the processing of health data for research purposes.

Coronavirus: handling the relations among children and divorced parents.

Coronavirus emergency implies the adoption of restrictive measures which tackle fundamental rights including, first of all, the freedom to move bringing forth, as a consequence, the social distancing: in this context, not prejudicing the essential child’s health protection, there arises the problem of reconciling the existing actual limitations with the maintenance of a serious and constant relationship among divorced parent and the child entrusted mainly to the other parent.

EDPS: ok to mobile tracking with adequate safeguards.

In the midst of the emergency linked to the spread of the COVID-19 virus (known to most as “coronavirus”), the search for possible solutions for the containment of the pandemic has now taken on a supranational dimension, recording the first contributions from European institutions. The possibility of monitoring population movements through the analysis of data collected by mobile communication devices, in order to verify the effectiveness of the restrictive measures imposed and the identification of connections between movement trends and contagions, is undoubtedly one of the options on the table. The European Data Protection Supervisor (“EDPS”), consulted by the European Commission, has therefore identified some elements to be taken into account in the implementation of such solutions.

Covid-19 Emergency and online education: the instructions of the Data Protection Authority.

The Italian government with its Legislative decree of 8 March 2020, suspended all educational activities from kindergartens to universities for children/students and their teachers. In the same decree a provision for teaching methods at a distance was activated. As a result of the same, the Italian Data Protection Authority in answer to the questions/reports received from the schools’ DPO, teachers and families, regarding the processing a preliminary guide on how schools and universities should use such tools, guaranteeing the protection of the personal data of the students, their families and their teachers.