DLP Insights

Comments and tools from De Luca & Partners’ experience

Categories: Publications

On 23 April 2018, the European Commission formalised a proposal for a Directive for the protection of whistleblowers (Directive of the European Parliament and of the Council on the Protection of Persons reporting on Breaches of Union Law) in all Member States. Its purpose is to standardise the laws currently in force in some Member ....

Categories: Publications

With judgment No. 11645/18, the Court of Cassation made clear once again its opinion on the relation between the right of criticism, protected under the Constitution, and the civil duty of loyalty and honesty in the relationship between employees and employers. In the case in question, an employee of a famous telephony company had been ....

Categories: Publications

Law No. 179/2017 has introduced the whistleblowing institution within private employment. As is well-known, this is not a totally new institution for our legal system, since it had already been introduced for the public sector only by Law No. 190/2012, which amended article 54-bis of Legislative Decree No. 165/2001. The new law provision is aimed ....

Categories: Publications

The Court of Cassation, with judgement No. 10280/2018, handled once again a case of dismissal ordered due to disparaging statements against the employer and its representatives through Facebook. In the case in question, the judges of the court (Court of Forlì and Court of Appeal of Bologna) had already deemed legitimate the dismissal ordered to ....

Categories: Publications

The European Regulation on the protection natural persons with regard to the processing of personal data has abolished the minimum security measures that were at the basis of the “privacy policy” system and listed in Annex B of Legislative Decree No. 196/03. Pursuant to Article 32 of the Regulation, in fact, the Data Controller and ....