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30 September 2020 • Insights

Failure to take the measures provided for under the GDPR is comparable to the “fault on the organisation’s side” under Legislative Decree No. 231/2001

The Court of Cassation, with order No. 18292 issued on 3 September 2020, has pointed out that failure to arrange the relevant technical and organisational measures safeguarding the protection of the personal data of the data subject is comparable to the organisational fault linked to the failure to adopt an organisational model pursuant to Legislative ....

30 September 2020 • Insights

Unused holidays: right to the payment of the relevant allowance

The Court of Cassation, with order No. 13613/2020, has ruled that the employer is under an obligation to pay to the chief physician the unused holidays unless the employer is able to prove to have put the chief physician in the position to be able to use any such annual leave, informing the latter in ....

29 September 2020 • Insights

Transnational secondment (“posting”): the implementation decree has been published in the State Gazette

Legislative Decree No. 122/2020 has been published in State Gazette No. 229 of 15 September 2020 which, by implementing Directive (EU) 2018/957 on transnational secondment (“posting”), has brought about a series of amendments to the laws and regulations in force represented, on the subject-matter, by Legislative Decree No. 136/2016. Directive (EU) 2018/957, adopted on 28 ....

29 September 2020 • Insights

DID YOU KNOW THAT… the dismissal notified after a considerable lapse of time following the protected period is not unlawful?

The Court of Cassation, with order No. 18960 of 11 September 2020, has stated that in no way may the dismissal following the protected period be deemed belated when the employer, prior to notifying same, waits for an adequate period of time in order to carry out a “prognosis of endurableness” of the overall absence ....

22 September 2020 • Insights

Signed the National Collective Bargaining Agreement but the Riders remain “self-employed”(Il Quotidiano del Lavoro de Il Sole 24 Ore, 22 September 2020 – Alberto De Luca, Raffaele Di Vuolo)

On September 15, 2020, the trade union associations ASSODELIVERY and UGL-RIDER signed the first National Collective Bargaining Agreement (“NCBA”) governing the relationship between Bike Delivery Riders so called “Riders” and their companies. The agreement, called “National Collective Bargaining Agreement for governing the delivery of goods on behalf of third parties, carried out by self-employed workers, ....

14 September 2020 • Insights

Union representation: bill before the Chamber (Newsletter Norme & Tributi n. 144 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

Bill C. 788 was submitted to the Chamber of Deputies in July 2018. Its aim is to define procedures to measure the actual representation of worker unions (“OOSS”) and identify parameters to measure employer organisation representation. The former is based on the average of membership and electoral figures. Membership is calculated by INPS from notices ....

31 August 2020 • Insights

Company Physician: Independent data controller

On 23 June 2020, the Italian Data Protection Authority (“Garante“) published the “2019 Annual Report” (the “Report“) listing activities carried out during the previous calendar year. With the publication of the Report, the Data Protection Authority has confirmed what had already been stated in the note ref. no. 7797, dated 27 February 2019, concerning the ....

31 August 2020 • Insights

Privacy Shield: European Data Protection Board (EDPB) publishes a FAQ document on Court of Justice of the European Union (CJEU) judgement (Schrems)

On 16 July 2020, the Court of Justice of the European Union (“CJEU” or “Court”) in its ruling “Data Protection Commissioner v Facebook Ireland Limited, Maximilian Schrems C-311/18”, invalidated Decision no. 2016/1250 and the Agreement between the European Union and the United States of America on the protection and regulation of the European citizens’ personal ....

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