DLP Insights

With Ruling dated 6 July 2023, the Italian Data Protection Authority (Garante per la protezione dei dati personali, ‘DPA’) found that data processing carried out by a public utility service company (the “Company”) was unlawful. The DPA ruled that an employer has an obligation to allow a worker to access all his or her personal ....

One of the fundamental requirements in the context of disciplinary complaints is consistency between the charge alleged against a worker and the underlying sanction imposed. This principle is aimed at ensuring a fair and just procedure in the context of employment relationships, to prevent the employer from carrying out dismissals based on circumstances over and ....

In its recent order No. 19023 of 5 July 2023, the Italian Court of Cassation has ruled on geographical jurisdiction under Article 413 of the Italian Code of Civil Procedure. The Court ruled that the worker’s home, from which he performed his work through remote working, could not be classified as a company dependence in ....

By judgment No. 18168 of 26 June 2023, the Italian Court of Cassation once again addressed the issue of the limits of employer controls via the use of IT tools, establishing the unlawfulness of dismissal and the non-usability of evidence gathered following a check on an employee’s company e-mail carried out by the employer company ....

The Italian Court of Cassation in its very recent judgment No. 20239 of 14 July 2023 ruled on the issue of an employer’s withdrawal ad nutum that was given on the basis of a trial period agreement, which was declared null and void, stating that, where the dismissal does not fall under any of the ....