Publications

In a context where technology is advancing rapidly, Artificial Intelligence (AI) is revolutionising the global work landscape, driving profound changes and opening up horizons that were previously unimaginable.   The law is therefore called, once again, to regulate new scenarios that do not conform to traditional legal paradigms. The first step in this direction comes from ....

The new European directive on corporate sustainability due diligence establishes an obligation for companies to mitigate their adverse impact on human rights and the environment through their activities, those of their subsidiaries and those carried out by their business partners The European Union has been working for some time on the development of corporate sustainability ....

After a long wait and several postponements, on 25 March 2023 Italian Legislative Decree no. 24 of 10 March 2023 (the “Decree”) was published in the Italian Official Gazette no. 63 of 15 March 2023. With the Decree the Italian legislator implemented Directive (EU) 2019/1937 “on the protection of persons who report breaches of Union law and ....

1. DIGITAL REVOLUTION AND LAW The emergence of technologies using artificial intelligence systems has ushered in a new round of debates on the key ethical, social and legal issues surrounding the use of such technologies and their consequences. Modern technologies – with their increasing impact on society and customs – pose the issue of devising ....

By judgement no. 15644 of 23 November 2022, the Administrative Court of Lazio clarified, among other things, that the employer is the only person entitled to install audiovisual systems that may enable remote control of the workers’ activity. The case originated from the request of a company providing transport services for others, which, according to ....

By order no. 25055 of 22 August 2022, the Italian Court of Cassation has affirmed that in case of transfer of a business – or parts thereof – concerning companies that are in a crisis, or which have been subjected to special administration, when the activity continues or, however, is not terminated, an agreement reached ....

By order no. 24977/2022, filed on 19 August 2022, the Italian court of Cassation held that a notice sent by the Employer to the Unitary Workplace Union Structure (RSU) regarding the staff holiday plan cannot replace the individual notice. The notice, the Court ruled, must indicate, for each addressee, the time period in which s/the ....

Partners and Associates of the Law Firm De Luca & Partners are proud to announce the release of the new handbook “Italian Employment and Labour Law”, edited by Wolters Kluwer, with the grant patronage of “The British Chamber of Commerce for Italy – BCCI”.  In Italy the labour and employment law environment has recently been ....

On 12 November 2021, in its ruling no. 33809, the Court of Cassation returned to the issue of employer controls using electronic tools, considering the principles and restrictions applicable to personal data protection. The Supreme Court confirmed that an employee’s PC data are company assets. Therefore, an employer can acquire and use the data for ....

Digitalisation and sustainability are two issues at the heart of the debate about the challenges companies will face soon. To date, the term “digitalisation” (or “digital transformation”) still commonly refers introducing digital technologies into the workplace and applying them to the tools available to personnel to perform work. The evolution of technologies and processes increasingly ....

The FAQ(s) aim to support employers in the correct application of existing legislation resulting from the combination of personal data protection applicable law, workplace health and safety applicable law and emergency regulations. On 17 February 2021, the Italian Data Protection Authority (the “Authority”) published on its institutional website some FAQ(s) (“Frequently Asked Questions”) concerning the ....

De Luca & Partners, for the special Guida al Lavoro (Employment Guide), describes the legalities of remote or agile working, by tracing the regulations set down by Italian Law no. 81/17 examining in detail, inter alia, the right to disconnect, the requisites of the individual agreement required by the legislation in question, the employer’s control ....

In order to facilitate the activity of the Prefects at a decisive moment such as that of the so-called Phase 2, the National Labour Inspectorate (“INL”), on 20 April 2020, published note no. 149 (“Note INL no. 149”), with which it provides a real operating guide for its territorial offices, to contribute, at the request ....

With Decision No. 17 of 23 January 2020 and in imposing a sanction on an Italian University for not having properly protected the confidentiality of the identification data of two persons – the whistleblowers –, who had reported possible unlawful behaviours, the Italian Data Protection Authority has laid stress on the fact that an obligation ....