Categories: Insights, Publications


24 Oct 2018

Privacy: the Decree of Alignment to the GDPR is now in effect (Il Giornale di Vicenza – Idea Impresa, 23 October 2018 – Vittorio De Luca, Gabriele Scafati)

On 19 September Legislative Decree No. 101/2018 entered into force (the “Decree”), laying down provisions to align the national regulatory framework to European Regulation 679/2016 on personal data protection (“GDPR”). The Decree gives the Data Protection Authority (the “Authority”) broad powers as well as significant duties, such as the review of some codes of professional conduct and the issuing of specific guidelines that promote simplified “privacy compliance” methods for micro, small and medium-sized enterprises. Moreover, the decree includes a series of provisions that specify certain powers and duties that fall on the Data Controller and Data Processor. Among them, they are allowed to hold roles and tasks assigned to personnel inside the company who pursuant to previous regulations could be defined – depending on the case – as data processors or persons in charge of data processing. The Decree confirms the exception to the information obligation in the case of CVs voluntarily submitted by the data subjects to establish an employment relationship. It remains understood that the data subject shall be provided with suitable information note at the time of the first actual contact after submission of the CV. In addition, it is confirmed that consent to the processing of personal data contained in a CV is not required, as long as the processing takes place for contractual or pre-contractual purposes. Furthermore, the Decree provides for cases of limitation of the rights granted to the data subjects when – if they are exercised – among other things actual and material damage may derive (i) to the interests protected on the basis of anti-money laundering regulations and (ii) to the confidentiality of the whistle-blower notifying an offence of which he/she may have become aware as part of his/her role. The GDPR allows the member States to define, without prejudice to the administrative fines established, additional penalties “as long as they are effective, proportionate and dissuasive” as well as “capable of ensuring the application of the Regulation”. The Decree confirmed also some specific offences included in the previous regulations. These include the unlawful processing of personal data, which now envisages only a slight reduction in the maximum penalty from 24 months to 18 months, or the breach of the regulations on the matter of remote monitoring and surveys on the opinion of employees.

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

8 Jul 2026

Pay transparency: one month after its entry into force, two approaches are emerging in the market (The Platform, 8 July 2026 – Vittorio De Luca, Claudia Cerbone e Martina De Angeli)

Since 7 June, EU rules aimed at strengthening the principle of equal pay between men and women for the same work or for work of equal value have…

2 Jul 2026

Did you know…? As of 7 June 2026, Legislative Decree No. 96/2026 is fully in force

As of 7 June 2026, Legislative Decree No. 96/2026 is fully in force. It also introduces into the Italian legal system a structured framework on pay transparency, with…

2 Jul 2026

Failure to serve disciplinary charges does not render the dismissal null and void: italian supreme court confirms no reinstatement remedy for employers below the statutory workforce threshold

Principle of Law In its recent judgment No. 17283 of 1 June 2026, the Italian Supreme Court (Corte di Cassazione) examined the legal consequences arising from the employer's…

2 Jul 2026

AI and the employment relationship: initial guidance from the implementing decrees and data protection implications

Following the preliminary approval by the Council of Ministers, on 10 June 2026, of the first draft legislative decrees implementing the enabling law on artificial intelligence (Law No.…

1 Jul 2026

Sustainability, Responsibility, and the Future: A Commitment That Grows with Time

As we celebrate our 50th anniversary, we have chosen to look to the future with the same care and dedication with which we preserve our roots. Those roots…

25 Jun 2026

Pay Equity and Pay Transparency: What Will Change in Italy (People are People, 25 June 2026 – Claudia Cerbone e Martina De Angeli)

With Legislative Decree No. 96 of 7 May 2026, which entered into force on 7 June 2026, Italy transposed Directive (EU) 2023/970 on pay transparency, becoming one of…