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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.

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ALL NEWS AND INSIGHTS

13 June 2022 • News, Insights

Computer incident, the Data Protection Authority sanctions INAIL for unlawful data processing (Norme & Tributi Plus Diritto – of Il Sole 24 Ore, 13 June 2022 – Vittorio De Luca, Elena Cannone)

Human error is the data controller’s responsibility The Italian Data Protection Authority (“Garante”), in its 28 April 2022 injunction imposed a € 50,000 fine on the National Institute for Insurance against Accidents at Work (“INAIL” or the “Institute”) after three computer incidents. These incidents allowed users to access data relating to others.INAIL, in its capacity ....

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7 June 2022 • News

Cybersecurity, the real challenge is investing in training (Dealflower, 7 June 2022 – Elena Cannone)

Among the Ukraine conflict consequences is the increased cybercrime, especially for the many companies that work with Russia. But cybersecurity is an issue that concerns everyone who exchanges data and information with any electronic device daily. Even before the Ukraine crisis with the Covid-19 pandemic – and the increase in teleworking – it became necessary ....

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1 June 2022 • News

Vittorio De Luca’s comment on Whistleblowing and privacy protection (LawTalks, 1 June 2022)

For proper whistleblowing management, it is essential to pay due attention to the protection of the personal data processed. In achieving the necessary balance between the whistleblower’s need for confidentiality, the need to ascertain the wrongdoing and the whistleblower’s right to defence and cross-examination, the adoption of appropriate measures to ensure the protection and security ....

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31 May 2022 • Insights

The RSU may decide how to allocate paid leave but not to concentrate it all on one member (Newsletter Norme & Tributi n. 160 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

By decision 9/2022, the Court of Siena declared that the employer’s conduct prohibiting the centralisation of union leaves under the collective agreement (CCNL) predominantly or exclusively in favour of one or more members of a labour organisation is not anti-union if this causes intolerable absence from work. The Court ruled that freedom of association does ....

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30 May 2022 • News, Insights

Legitimate dismissal of an invalid worker for exceeding the protected period (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 20 May 2022 – Enrico De Luca, Alessandra Zilla)

With the recent ruling no. 181 published on 27 April 2022, issued as part of the Fornero Procedure opposition proceedings, the Court of Vicenza expressed its opinion on whether absences due to illness attributable to the employee’s disability can be included (or not) in the protected period.   The case originated from the dismissal of an ....

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27 May 2022 • News, Insights

Financial-based dismissals: a “manifest” lack of the fact is not necessary to obtain reinstatement protection

The Constitutional Court, in ruling 125 filed on 19 May 2022, expressed its opinion on paragraph 7 of art. 18, of law no. 300/1970 which recognises the reinstatement protection in cases of dismissal for justified objective reason, only if it is established that there is a “manifest lack” of the fact underlying the dismissal. The ....

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27 May 2022 • Insights

The Data Protection Authority sanctions whistleblowing systems that do not guarantee the processed data confidentiality

On 7 April 2022, in an injunction order issued against a hospital, the Italian Data Protection Authority (“Garante”) found that the data processing carried out as part of the management of its whistleblowing system was unlawful. The Authority sanctioned the IT company, which was acting as a data processor, and managed the service for reporting ....

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27 May 2022 • Insights

Collective dismissal and single company attribution in the employment relationship

In ruling no. 11638 dated 11 April 2022, the Court of Cassation established that the single company attribution in the employment relationship implies that the verification of the redundancies must be carried out considering the entire workforce, i.e., the workers employed by the other companies of the established individual company organisation and not only those ....

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