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Sunday, November 21, 2010
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The Italian Gaming Authority has now published the “Official Data On Remote Gaming” reviewing the data generated by the sector during this year up to 31 October 2010.
I believe there are no major surprises: while horse betting games are suffering a deep crisis with a decrease of the value of bets of 12.9%, fixed odd sports betting sector saw an increase of 10.7% reaching a value of over € 1bn, even if it showed a negative trend during the last months. However, skill games, which primarily include poker tournaments, have seen an amazing increase of 41.7% compared to the previous year with a volume of buy-ins of over € 2.6 bn
These data even raise the expectations in relation to the upcoming cash poker games and casino games. Considering that these new games are on .COM websites the main attractions offered to their players, it seems that the doubling of the size of the Italian gaming market following their launch is not a “chimera” any more. It will be interesting however to understand what the real value of the Italian remote market that is currently more than € 4 bn (with an overall increase of 32.5% compared to last year) will be in one year when the new entrants in the market - that will be able to apply for an Italian remote gaming license in the next days - will be up and running. 
Do you want more information about the above? Do you want to know how your company can apply for an Italian gaming license? Feel free to contact me, Giulio Coraggio.
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Monday, November 15, 2010
Sunday, November 14, 2010
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We have been receiving more and more requests of assistance during the last years in relation to issues connected to the monitoring of employees’ email and Internet usage. Often the scenario is that a national/multinational company:
  • either is worried that some of its employees have already disclosed or may disclose in the future some trade secrets or confidential information to a competitor;
  • or for business-related or for technology maintenance reasons needs to access to the email account of employees during their absence;
  • or wants to prevent the access from its employees to some non-working related websites.
In this context, the Italian Workers Bill prohibits any form of monitoring of employees’ working activity, but Italian courts first and recently the Italian Data Protection Authority (DPA) have set out limited exceptions to such prohibition. In particular, the Italian DPA issued back in 2007 some guidelines on the monitoring of emails and Internet usage during the course of the performance of a working relationship.
Through such guidelines the DPA outlined which kind of conducts are compliant with Italian data protection laws and under which conditions, stressing the general need to previously inform the employees - adopting a specific internal policy for this purpose - on the type of allowed emails/Internet usage, on the type of checks performed that in any case cannot be systematic and which in some instances require the prior approval from the works councils and under which circumstances such checks are performed.
The consequence of the lack of implementation of such policy is that the employer can face the risk of not being able to monitor the conduct of an employee and therefore that even in case of breach by an employee (e.g. the disclosure of confidential information to a competitor) CANNOT CHALLENGE SUCH CONDUCT despite the fact that it suspects that the latter is involved in some unlawful practices or in general in activities that can potentially harm its company!
Do you want to know more about the above? Do you need assistance on this matter? Feel free to contact me, Giulio Coraggio.
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Wednesday, November 3, 2010
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A recent decision issued by the Italian Competition Authority (the AGCM) against an Italian telecom operator performing marketing communications without the prior consent of relative customers raised a relevant topic of discussion. Interestingly the conduct was not challenged because its lack of the compliance with privacy laws, but the AGCM is the Italian authority having jurisdiction on the so called “unfair commercial practices” i.e. conducts contrary to the principles of professional diligence able to distort the economic behavior of consumers.
The AGCM stressed the need not only to require the prior consent from consumers to the delivery of marketing communications, but also to provide them with clear means to withdraw such consent at any time and at their mere discretion. This matter should not be underestimated by operators because:
  • Italian law prescribes fines up to € 500,000 for unfair commercial practices; and
  • unlike data protection laws that at least with reference to EU entities oblige the company to comply only with the data protection laws of their country of establishment, Italian unfair commercial practices regulations are applicable to any company directing marketing or advertising practices to Italian consumers despite of the country where they are based.
Also, even if marketing communications are performed with the prior consent of the relative consumer, they can trigger an unfair conduct in case of persistent and unwanted solicitations by telephone, fax, e-mail or other remote media.
Do you want to discuss about the above? Feel free to contact me, Giulio Coraggio.
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