Categories: Insights, Publications · News, Publications

Tag: Datore di lavoro, Privacy, trattamento dati personali


28 Nov 2024

Data protection and remote control of workers: algorithms and digital platforms are not exempt

The Italian Data Protection Authority sanctioned the company Foodinho S.r.l., a Glovo Group company, to pay a fine of EUR 5 million for unlawfully processing the personal data of more than 35,000 riders through its digital platform.   

Following a complex investigation carried out ex officio by the Authority, it revealed that the company, which had already been sanctioned in 2021 for unlawful processing and violations of the provisions of the privacy legislation, was carrying out “numerous and serious violations” of the GDPR. 

Among others, the company:  

  1. when de-activating or blocking the rider’s account, it automatically sent a single standard message without informing the recipient of the possibility of contesting the decision and requesting that the account be restored, 
  2. carried out automated processing of riders’ personal data without having taken the measures required by the regulations for the use of automated systems. In fact, the rider was not provided with the possibility of exercising the right to obtain human intervention, to express his or her opinion and to contest the decision taken through the system (n.b. on this point also the so-called “Transparency Decree”), 
  3. sent, without prior notice, the riders’ personal data, including their geographical location, to third-party companies. The geolocation data were collected and processed even when the rider was not working and even when the app was in the background or not active.  

In addition to the numerous violations of privacy regulations pointed out by the Italian Data Protection Authority and partially reported herein, it is worth mentioning that the Authority highlighted that in this case, the company “while carrying out an activity of systematic control of the work performed by the riders, through the settings and functions of technological tools that operate remotely (digital platform, app, communication recording systems), […], did not comply with the provisions established by Article 4, paragraph 1, of Law no. 300/1970, as it did not verify that the tools used are attributable to the purposes strictly allowed by the law (organizational and production needs, work safety and protection of the environment, and protection of the environment) nor did it activate the guarantee procedure provided for in the event of the existence of one of the aforementioned purposes (collective agreement entered into with trade union representatives or, failing that, authorization by the Italian Labor Inspectorate)”. 

In other words, the company, in addition to implementing technical and organizational security measures aimed at eliminating breaches and ceasing unlawful processing of personal data, must also take appropriate measures to comply with the provisions of the Workers’ Statute on remote control of employees. 

Other related insights: 

Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

2 Nov 2026

De Luca & Partners participates in “LEGALTECH IN SCENA”

De Luca & Partners will take part in LEGALTECH ON STAGE, an event organised by Global LegalTech Hub (GLTH), taking place in Milan on 11 November 2026. The…

2 Nov 2026

Constitutional Court Judgment No. 174/2026: the compensation regime for unlawful dismissals 

With Judgment No. 174 of 2026, filed on 22 October 2026, the Constitutional Court once again addressed the financial consequences of unlawful dismissal, this time in relation to…

2 Nov 2026

Did you know that… trade union representativeness for the purpose of establishing a workplace union representation (RSA) must be assessed within the company’s sector of activity?  

With judgment no. 27541 of 22 October 2026, the Employment Section of the Italian Supreme Court identified the criteria for assessing the comparative representativeness at national level of…

2 Nov 2026

Tracking pixels and accountability: new standards for email communications 

The year 2026 marks a significant shift in the way tracking pixels are used in electronic communications. With the recent guidance issued by the Italian Data Protection Authority…

22 Oct 2026

Access to NASpI in light of recent case law (Top24 Lavoro Ai – Il Sole 24 Ore, 22 October 2026 – Vittorio De Luca e Alessandra Zilla)

The New Social Insurance for Employment (NASpI), established by Legislative Decree No. 22 of 4 March 2015, is the main income support measure for employees who have involuntarily…

19 Oct 2026

From Innovation to Governance: The Impact of the AI Act on HR Processes, between Compliance, Transparency and Accountability (AIDP – HR Online, 19 October 2026 – Vittorio De Luca, Martina De Angeli)

In recent years, artificial intelligence has evolved from an experimental technology into a tool that is increasingly integrated into the day-to-day activities of HR functions. Among other things,…