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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.

Commercial communications and the consent of its data subjects.

Sending commercial communications for promotional purposes to users must always be preceded by the acquisition of a valid consent, which must be free, specific and accountable. The Data Controller is also responsible for implementing adequate organizational and technical measures in order to guarantee the correct management of the rights of the data subjects, with particular reference to the right to object to the processing.
This is what is established by the provision of the Data Protection Authority n. 133 of 20 June 2019.

Corporate liability action and the burden of proof.

The chief executive officer, defendant in a corporate liability action, is required to prove the fulfilment of its obligations, in order not to be held liable. This principle has been recently reaffirmed in decision no. 4294 of the Court of Milan, corporate section, of 06 of May 2019.

Online services: EDPB guidelines available online.

Following a public consultation process, the European Data Protection Board has adopted the final version of the Guidelines 2/2019 on the processing of personal data under Article 6(1)(b) of Regulation (EU) 2016/679 – General Data Protection Regulation (the “GDPR”) in the context of the provision of online services to data subjects.

Procedure for dispute resolution regarding the Domain name: instructions and requirements for claims.

The domain name is a technical device to indicate in a comprehensible manner the address of a website in the world wide web, which corresponds to a single sequence of numbers.
The possibility to use letters combined with numbers allows to obtain domain names with a strong commercial impact. From this derives the need to create a system of protection against abuse of domain names similar and confusing with the legitimate owners’ ones.
It seems useful to examine the remedies available with reference to domains with geographical extension .it, relating to Italy.

An employee who does not inform the employer of irregularities performed by his colleagues is liable to dismissal, according to the Appeal Court.

By sentence n. 30558 of 22 November 2019 the Supreme Court, Labor Section, held that the conduct of the employee who does not notify the emplyer of irregularities brought about by his colleagues, integrates a just cause for dismissal due to violation of duties of care and loyalty obligation. So each worker in a company is liable to inform the employer of any irregularities. Closer analysis by Tonucci & Partners experts here in below.

Conversion of 2020 Tax Decree into Law: news regarding the fiscal burden for building contracts.

The Parliament, with many modifications and additions, approved the text of the Code in first reading 2020 tax decree. The rules for the new system of withholding and compensation in contracts change, introduced to counter the illegal administration of labor and the failure to fulfill tax obligations by contractors and subcontractors of outsourced work. From 1 January 2020, the payment of withholding taxes will no longer be delegated to the client and must be carried out by the contractor or contractor and the subcontractor

The Russian roulette clause is legitimate.

The inclusion of the so-called “Russian roulette” or “cowboy” clause within the statute of a Joint Stock Company or Limited Liability Company is allowed in cases of decisional deadlock.