DLP Insights

Based on the principles in the Court of Justice Schrems II judgement of 16 July 2020, with Decision no. 2021/914 of 4 June 2021, the European Commission has approved two new sets of Standard Contractual Clauses (“SCCs“) which, from 27 September, must be included in contracts to regulate a transfer of personal data to non-EU ....

The Court of Cassation, in its ruling of 20 May 2021, no. 13787 established that if a company transfer is declared illegitimate, liability for any resulting employee demotion falls on the transferee who used the service and not the transferor. This case follows a judicial application for investigations into a demotion by an employee who ....

With Judgment no. 12632/2021 of 12 May 2021, the Court of Cassation once again addressed the issue of employee transfer due to environmental incompatibility in the workplace, ruling out that this amounts to mobbing if the transfer is not intended to persecute the employee, rather to restore serenity in the workplace. The ruling derives from ....

With its order dated 19 May 2021, issued at the end of an interlocutory judgment, the Court of Modena held that suspension from work and pay of two non-vaccinated healthcare operators was lawful.  The case arose from the refusal of two physiotherapists working in a nursing home to vaccinate against Covid-19, with the employer’s ensuing ....

With order 16382/2021, the Court of Cassation once again ruled on the critical issues connected with the relationship between wage subsidies anddaily sickness benefits. In accordance with well-established case law, the Court pointed out that, where the ordinary lay-off scheme concerns a case of suspension of production and not merely a reduction in working hours, ....