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15MayItalian data protection regulator: factual role performed by the parties as a key factor in data controllership assessmentOn April 5, 2012 the Italian data protection authority (“Garante”) issued a resolution which found controllership for a company that used personal data, purchased from another company, for telemarketing purposes. The resolution was published on the Garante’s website on May 8, 2012. The Garante received a complaint from a telephone subscriber who, despite being on…
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18AprRepresentations and warranties – remedies for the acquirerRepresentations and warranties under Italian law Legal remedies for infringement Safeguards to add and mistakes to avoid Court ruling on consequences of infringement Comment Representations and warranties under Italian law Representations and warranties have been imported into Italian M&A law from US practice and are now one of the main aspects of almost any deal…
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11AprPermanent establishment: to be or not to be, that is the questionRecent case law Permanent establishment Applicable law Recent case law A leading low-cost airline has recently been sanctioned by labour inspectors from the local labour office Direzione provinciale del lavoro (DPL), which reportedly imposed an administrative fine for failure to pay social security contributions in Italy. The DPL alleged that the airline had hired 650…
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31MarWhen is disciplinary code necessary?Legislation on disciplinary codes Case study: dismissal by employer without a disciplinary code Supreme Court decision Practical suggestions Legislation on disciplinary codes An employer’s power of direction over its employees is recognised in Article 2106 of the Civil Code and Article 7 of the Statue of Workers (Law 300/1970), providing substantial and procedural limits to…
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29MarCross-border discovery and cloud computing: potential use of the cross border discovery before italian courtsThe aim of this article is to outline the ever-increasing importance of discovery for civil law proceedings due to recent, favorable developments in law cases and judicial decisions within the EU. In particular, we intend to consider the potential scenarios under which the result of discovery, a common law institution, could be introduced in civil-law…
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28MarEarn-out clauses: advantages and pitfallsThe road to a successful acquisition holds a wide variety of challenges for both acquirer and target. A common area of concern arises from the unavailability of private information, which may lead the parties to assess the target’s intrinsic value very differently. Bridging the gap between different estimates of the target’s value is a fundamental…
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14MarItalian government approves new rules on foreign investment in strategic sectorsOn March 9 the Italian Government approved a Law Decree setting forth for the first time a broad set of governmental intervention and veto powers in certain strategic sectors: defense; energy; transportation; communications. This new set of rules will have a significant impact on companies operating in such sectors. In particular, the new rules include…
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12MarServices contract: the client is not exempt from liabilities on health and safety of contractor’s employeesBackground Recent Supreme Court case law Conclusion Background According to Article 26 of Legislative Decree no. 81 of April 9, 2008, as amended by Legislative Decree no. 106 of August 3, 2009 (“Testo Unico sulla Sicurezza sul Lavoro”) the client is the main responsible for the safety of all the employees, including those of the…
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7MarEx post defensive monitoring of email and protection of employer’s assetsRemote and defensive monitoring The case of the dismissed bank employee Supreme Court decision on defensive monitoring Practical consequences Remote and defensive monitoring As described in our previous article (“Italy: Remote monitoring and defensive monitoring of employees in the internet age”, published in October 2010), Article 4 of Law 300/1970 – known as the Statute…
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