News & Insights

Research, training and international collaborations

De Luca & Partners’ Think Tank manages and coordinates research, training (internal and external) and editorial activities on labour law matters, protection of personal data and administrative liability of entities.

De Luca & Partners invests in researching and disseminating Employment Law material and for this reason collaborates with Il Sole 24 Ore and with the main employment law publications.

ALL NEWS AND INSIGHTS

3 April 2018 • Insights

FAQs of the Data Protection Authority on the Data Protection Officer of Personal Data

The Data Protection Authority, on 26 March 2018, published on its official website a series of clarifications regarding the appointment and duties of the Data Protection Officer (“DPO”). In particular, the Authority listed all the persons obliged to appoint a DPO pursuant to Article 37 (1), b) and c) of Regulation (EU) 2016/679 and underlined ....

3 April 2018 • Insights

Electronic signature required in case of dismissal based on email correspondence

The Court of Cassation with judgement no. 5523 filed on 8 March 2018, has dealt inter alia with the issue of the validity of a dismissal for just cause imposed on the basis of the contents of a few emails sent from the email address of a worker recipient of the dismissal and therefore of ....

3 April 2018 • Insights

The dismissal for just cause imposed for retaliation purposes is invalid

The Court of Cassation, with judgement of 1 March 2018 no. 4883, declared that a dismissal for just cause imposed on a worker because he had faked ill health is retaliatory. This is so because the disease of which the employee suffered turned out to be real on the basis of objective data and logical ....

3 April 2018 • Insights

DO YOU KNOW THAT… The Data Processor is an independent entity?

The Data Processor pursuant to Article 28 of the Personal Data Protection Code (the EU “GDPR”) is an external party that processes personal data on behalf of the Data Controller. The Data Processor must be appointed by way of a contract/legal deed that binds it to the Controller. The Data Processor is expressly obliged to ....

3 April 2018 • Insights

The draft legislative decree implementing GDPR has been approved

On 22 March 2018, the Council of Ministers has approved the draft legislative decree laying down provisions on the adaptation of the national laws to the provisions of Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data (the “Regulation”). The draft legislative decree peremptorily sets out that ....

30 March 2018 • Insights

Prohibition of cash payment for remunerations (Newsletter Norme & Tributi n. 122 – Camera di Commercio Italo-Germanica – Vittorio De Luca, Luciano Vella)

In order to fight abuses against employees and money laundering – an offense detailed in article 25 octies of Legislative Decree No. 231/01 – article 1, paragraph 911 of the Law 205/17 imposes a prohibition on employers and private clients, effective from 1/07/18, to pay remunerations and wages by cash directly to the employee, regardless ....

28 March 2018 • Insights

Employees who while on sick leave are involved in other activities are dismissable (Il Quotidiano del Lavoro, 28 March 2018 – Alberto De Luca, Valentino Biasi)

With judgment no. 6047 of 13 March 2018 the Court of Cassation has dealt again with the issue of dismissals imposed during sick leaves, stressing that it is important for a worker to do all that he/she possibly can to put all of his/her efforts at the service of the employer in observance of the ....

26 March 2018 • News

28° Ed. “Law and corporate” – Master Il Sole 24 Ore, Rome (28 March 2018)

The subject covered by the professor’s contribution was “Sources of law and employment contracts”. The first part concerned the main sources of labour law (from national and international sources to customary practice) with a special focus on the collective bargaining negotiations and the Workers’ Statute. The second part of the session was dedicated to the ....