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Copyright Giulio Coraggio 2018

privacy

Rules on cookies in Italy implementing the E-Cookies Directive in Italy requiring the prior consent from users to the installation of cookies on their PCs were meant to be followed by guidelines from the Italian Data Protection Authority (the "DPA") identifying the most efficient and practical ways to implement such obligation. For this purpose the DPA has now launched a consultation.

The Italian Data Protection Authority held that data protection obligations in case of performance of marketing, advertising and commercial activities still apply to data of companies and associations.The problem had arisen since in 2011 the Italian Government had removed from the definition of "personal data" and "data subjects" for the purposes of Italian data protection law the data of legal entities, companies and associations that therefore are not protected anymore by the safeguards provided by the Italian privacy code. However,...

The Italian data protection authority issued a decision against a company that had adopted a video survaillance system also allowing the audio survaillance of employees of a call center. Indeed, the Italian Worker's Bill of Rights prohibits tools aimed at the remote monitoring of workers which can be allowed only if required by organization and productive or security needs with the prior agreement with trade unions. On the contrary, in this particular case, such prior agreement had not been reached and according...

The delivery of newsletters without the individuals' prior consent has been sanctioned with 9 months of imprisonment by the Italian Court of Cassation. Article 167 of the Italian Data Protection Code punishes with the imprisonment between 6 months and 24 months the processing of personal data without the consent of the data subject (and other privacy breaches) with either the purpose to gain profit or to cause harm, provided that the harm is caused. With reference to a case where one of the major Italian Internet companies...