Categories: Insights, Case Law


25 Jul 2016

Court of Appeal in Milan: messages in a mailing list protected like private correspondence

The Court of Appeal in Milan, in its ruling No. 439/2016, confirmed the principle that e-mail messages exchanged among employees as part of a mailing list, constitute private correspondence and therefore fall into the category of protected communications of a personal nature. According to the Court, the personality of the communication “lies in the predetermination of the recipients, which the sender wishes to send their e-mail message to – those persons and not others”. The case in question concerns an action brought by an airline pilot sacked for misconduct for instigating colleagues to engage in trade-union activity contrary to the employer’s obligations. In support of the grounds for dismissal, the employers produced the emails exchanged between the person concerned and his colleagues, highlighting the damage caused by these actions. Nevertheless, the territorial Court, sticking to the position already taken in the past by the Italian Data Protection Authority stated that emails that circulate within mailing lists, just like paper-based correspondence, must be treated in the same way as correspondence that is closed and inviolable by third parties (Editor’s Note: in this case, the employer)” and, thus, falling under the protection of Article 15 of the Italian Constitution. In this way, the judges deemed the grounds given for the dismissal as unfounded, because it lacked any evidence that could legitimise the employer’s actions.

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

10 Mar 2026

The transfer of the employee is lawful when there is incompatibility with the company environment (Camera di Commercio Italo-Francese – Vittorio De Luca, Silvia Zulato)

With Order No. 4198 of 25 February 2026, the Italian Supreme Court (Court of Cassation) – Labour Section – reaffirmed that a situation of environmental incompatibility may justify…

3 Mar 2026

Employee monitoring: when “bossware” becomes a legal risk (Agenda Digitale, 2 marzo 2026 – Martina De Angeli)

Monitoring workers through digital tools is a rapidly expanding practice, accelerated by the spread of remote work and the digital transformation of companies. Before adopting these systems, however,…

3 Mar 2026

Melismelis signs the campaign for the 50th anniversary of De Luca & Partners

For the historic labor law firm, the agency developed the 50th-anniversary logo and advertising campaign, managed online and offline media planning, and renewed the website’s visual identity. Milan,…

27 Feb 2026

Dismissals: the Corte costituzionale grants broader discretion to judges and greater scope for reinstatement (I Focus del Sole 24 Ore, 26 febbraio 2026 – Vittorio De Luca e Alessandra Zilla)

The regulation of dismissals continues to represent one of the central pillars of Italian labour law, an area of constant tension between freedom of economic initiative and the…

27 Feb 2026

“Food delivery” once again at the center of inspection activities (Norme & Tributi Plus Diritto de Il Sole 24 Ore, 17 febbraio 2026 – Vittorio De Luca e Alessandro Ferrari)

It was recently reported that one of the leading food delivery operators in Italy has been placed under judicial supervision, ordered by an urgent decree of the Public…

26 Feb 2026

Vittorio De Luca at the Welfare & HR Summit 2026

On February 25, 2026, Vittorio De Luca took part in the sixth edition of the Welfare & HR Summit organized by Il Sole 24 Ore. In particular, our…