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With a decision of 10 November 2022, the Italian Data Protection Authority (l’Autorità Garante per la protezione dei dati personali, the ‘Authority’) imposed a fine of EUR 20,000 on an Italian company for monitoring employee attendance by reading fingerprints. The Authority reiterated that ‘the processing of biometric data in the workplace is allowed only if ....

In its recent order of 16 December 2022, the Court of Foggia, as part of the first phase of the so-called Fornero Procedure, held that an employee who had worked for third parties during his sickness was lawfully dismissed for just cause. The facts of the case In the case dealt with by the order ....

Non-performance exception: when does the employee’s refusal to comply justify dismissal? By order No 770, of 12 January 2023, the Italian Court of Cassation ruled on the lawfulness of dismissal for just cause of a worker who, as part of her work performance, had not complied with the performance procedures set out in a specific ....

The Italian Court of Cassation, by order No 1095 of 16 January 2023, held that for the purpose of reclassifying a relationship of self-employment into a subordinate one, it is possible to use subsidiary evidence (such as the continuity of service, compliance with a predetermined schedule, the receipt of a fixed monthly fee, the absence ....

As only geolocation data referring to kilometres travelled were considered, the interference in the applicant’s privacy was limited and proportional to the intended purpose. Dismissal by an employer based on the data from the geolocator of an employee’s company car is lawful and the collection and processing of the relevant data does not result in ....