privacy @en

Image Rights, Data Protection and Consent: a Milan Civil Court Ruling

The Civil Court of Milan recently issued an interesting ruling in a dispute involving personality rights (ruling no. 8423/2015, published on 08 July 2015).

A reporter from a famous RAI comedy TV show, broadcasting live from the streets of Milan, managed to briefly get into a three-wheeler owned by AMSA, […]

YouTube ads violate Italian former football star’s personality rights, says the Court of Milan (Court of Milan, Enterprise Matters Chamber, Ruling no. 8018/2015)

At the end of a legal battle echoing an earlier lawsuit brought by the same plaintiff, Gianni Rivera, the famous Italian ex-footballer, has been granted damages by a Milan Court for the violation of his personality rights in connection with YouTube adverts.

The dispute arose following the publication on YouTube […]

Right to be forgotten: the first repercussions of Google Spain in the Italian legal system

Quite predictably, the first waves of the Google Spain tsunami did not take long to come ashore in our country. Between November and December 2014, the Italian Data Protection Authority issued nine decisions based on applications of as many citizens following the refusal by Google to de-index certain web […]

The disciplinary use of a public employee’s sex life data: the Italian Supreme Court’s ruling no. 21107/2014

In 2011 a local administration, following an anonymous tip-off, searched the Web and found that one of its employees was offering sexual services on specialised public websites. Disciplinary proceedings were subsequently commenced that ended in the employee’s dismissal, on the grounds that his behaviour had been detrimental to the […]

Newsletters and advertising emails: two different activities, according to the Italian Data Protection Authority

(by Francesca Maculan)

With decision no. 427 of 25 September, the Italian Data Protection Authority specified some important principles on the processing of personal data, clarifying some useful aspects for companies that deal with direct marketing activities.

The decision is directed at a company that sent advertising emails to users who […]

The Internet of Things, Personal Data and the Article 29 Working Party: no Extraordinary Revelations, but a Useful Summary

The adoption of an Opinion on the Internet of Things and personal data protection in the EU by the Article 29 Working Party (WP) last September had a certain resonance. Yet the document brings no sensational revelations (nor it is remarkable for its timeliness); however, it does provide a […]

Can improper use of Facebook and the Internet get you fired in Italy? Definitively yes, according to the Court of Milan

By order of 1 August 2014, the Labour Court of Milan rejected the motion of an employee who was fired by his company on grounds related to the use of Facebook and the Internet in the workplace (Labour Court of Milan, Docket no. 6847/2014, Judge Colosimo).
The facts: at the […]

The unlawful processing of personal data and the compensability of the resulting damage: the decision of the Court of Cassation

(Written by Silvia Laitila)
In a recent decision the Italian Court of Cassation declared that the breach of an individual’s right to privacy is a tort that gives rise to liability under article 2043 of the Italian Civil Code. However, the Court stated that such a violation does not […]

Martini Manna Avvocati launches the “Legal Packages”

Martini Manna Avvocati launches its “Legal Packages”: fixed-price legal assistance packages, directed at companies and focused on handling all the requirements relating to their incorporation, setting up their website and their privacy policies.

The five different packages, which are all available in either an Italian or a bilingual version, provide […]

Mobile remote payments: more protection for users’ personal data under Italian new regulation

(By Silvia Laitila and Luigi Manna) The Italian Data Protection Authority (Garante della privacy) has issued new rules for processing the data of individuals who use so-called mobile remote payment services via smartphone, tablet or PC. The regulation (General order on the processing of personal data in the context of […]

The Italian Data Protection Authority Issues Guidelines for the Use of Cookies

(Silvia Laitila contributed to this article) The Italian Data Protection Authority (“Garante della privacy”) has recently issued a decision on practical ways to provide mandatory information and acquire consent for the use of cookies on websites. Cookies can be distinguished as two major groups: “technical” cookies and “profiling” cookies. Technical […]

Privacy: a new, interesting ruling of the Court of Cassation on the matter of journalism and the possibility of identifying the people involved

(by Francesca Maculan)

The Italian Supreme Court of Cassation, through sentence n. 1608 of the 27th of January ’14, which confirmed the decision of the first instance Court of Bolzano based on article 152 of the Privacy Code, offered a new important ruling about journalism, privacy and the possibility of […]