Categories: Insights, Practice

Tag: Drivers, INL


20 Jan 2020

Drivers: the Labour Inspectorate gives the go-ahead to the installation on smartphones of an application that allows for geolocation during the work activity.

The Central Directorate of Supervision, Legal Affairs and Litigation of the National Labour Inspectorate (“INL“), with note no. 9728 dated November 12, 2019, authorised the installation of an application on smartphones assigned to so-called Drivers, allowing for their geolocation during the delivery of goods. This is provided that the companies concerned are not RSAs or RSUs or, if incorporated, the attempt to reach agreement has been unsuccessful.

The facts 

The INL’s favourable opinion came following the request for authorisation made by certain companies, carrying out transport and delivery services operators for a company, to be able to install, on the smartphone assigned to delivery workers, a special order management application developed by the client company itself but exclusively owned and available to them.

The opinion of the INL 

According to the INL, the installation of this application on Drivers’ smartphones does not breach Article 4 of the Workers’ Statute.

Firstly, according to the INL, there are the specific “organisational and production needs” required by the articles of association, so that the application:

  • allows Drivers to view the list of deliveries to be made during the working day to customers of the client company;
  • allows the employer of the Drivers and the client company to know, in real time, the correctness and timeliness of deliveries;
  • monitors, in real time, the remaining deliveries/receipts during the day;
  • acquires real and clear evidence in the event of a dispute with the client.

Again, according to the INL, the application is also functional to the need for “occupational safety“, given that it:

  • facilitates the finding of the courier in case of emergency and that
  • drivers can inform their employer of any faults in the vehicle and/or ask for help in the event of accident or illness.

In addition, the INL pointed out that the device does not allow for the continuous geolocation of the worker. In fact, it is activated only at the time of delivery of the goods and, again, in the event of a request for help from the same worker and is then deactivated again immediately afterwards.

In giving its go-ahead, the INL has dictated a number of conditions, including the following:

  • the company must provide, pursuant to Article 4, paragraph 3, of the Workers’ Statute, an appropriate written information to the Drivers regarding the operating procedures, the performance of checks and the purposes justifying the relative authorisation;
  • the installation and use of the application, as well as the processing, storage and protection of data and information gathered must be carried out in compliance with the provisions on the protection of personal data;
  • access to the data gathered by the application, allowed only for the purposes represented above, by the persons in charge, must be traced by means of special functionalities that  for knowledge of which data is accessed and the related reason; “access logs” must be kept for a reasonable period;

data must be retained for a period not exceeding the time strictly necessary for the purposes for which it was collected.

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

12 Oct 2026

“AI tools, remote work and confidential data: employer liability in a borderless environment” – IBA Conference 2026

At the IBA Annual Conference 2026 in Copenhagen, our Managing Partner Vittorio De Luca moderated a panel on one of the most pressing challenges facing employers today: the…

1 Oct 2026

Corporate e-mail and defensive monitoring: when the GDPR and employment law lead to different outcomes 

The Piaggio case clearly illustrates how the same set of facts can give rise to profoundly different assessments depending on the perspective adopted. In its decision of 13…

1 Oct 2026

NASpI and Reinstatement: the Employee’s Election Causes Loss of the Benefit 

Headnote   In its recent judgment No. 24981 of 3 September 2026, the Italian Supreme Court held that, where a dismissal is set aside with an order of reinstatement…

1 Oct 2026

Did you know that… testimony given in court may have disciplinary relevance and, in the most serious cases, justify dismissal? 

The Italian Supreme Court, Labour Section, by order no. 25687 of 22 September 2026, addressed the issue of the disciplinary relevance of statements made by an employee in…

29 Sep 2026

Shadow AI in the workplace: how to govern risks, data, and security (Agenda digitale, 29 September 2026 – Vittorio De Luca and Martina De Angeli)

The spread of artificial intelligence tools used without corporate authorization exposes businesses to risks involving personal data, confidential information, know-how, and cybersecurity. To govern Shadow AI, organizations need…

24 Sep 2026

The concept of “territorial scope” in a non-compete agreement (Top24 Lavoro Ai – Il Sole 24 Ore, 24 September 2026 – Vittorio De Luca and Alessandro Ferrari)

Interpretative issues in light of the most recent case law on the nullity of non-compete agreements due to the indeterminacy of territorial scope By an order issued on…