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28MagLegislative decree 69/2012 implements in Italy the E-privacy directive 2009/136/ecOn May 28, 2012 the Italian Government issued Legislative Decree no. 69/2012 (“Decree”) implementing in Italy Directive no. 2009/136/EC (which amended Directive 2002/58/EC – “e-Privacy Directive”). The Decree, which entered into force on June 1, 2012, amended the Italian Data Protection Code (Legislative Decree of June 30, 2003, no. 196) introducing new requirements for providers…
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25MagIl caso private outlet: per la prima volta l’agcm sospende in via cautelare l’accesso ad un sito webCon il provvedimento n. 23349 del 6 marzo 2012, l’Autorità Garante della Concorrenza e del Mercato (“AGCM”) ha sanzionato la società Private Outlet S.r.l. per pratiche commerciali scorrette inibendo invia cautelare l’accesso ai siti web della società. L’AGCM ha infatti ritenuto la società colpevole di aver diffuso mediante i propri siti web messaggi ingannevoli sulla…
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15MagItalian 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…Articolo inserito in: Contenzioso, Mergers & Acquisitions, Private Equity, Startup e Venture Capital
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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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15MarECJ rules on Italy’s gaming regulationsBackground On February 16 2012 the Court of Justice of the European Union (ECJ) issued its latest preliminary ruling on the compatibility of Italy’s legal framework for gaming with the right of establishment and the freedom to provide services. The new ruling confirms principles already established in the landmark Gambelli(1) and Placanica(2) decisions (see “ECJ…
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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…Articolo inserito in: Mergers & Acquisitions, Private Equity, Regolamentare, Startup e Venture Capital
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