Avv. Silvio Marzari
Avv. Maria Gabriella Maggiora
Avv. Roberto Nicolini
Avv. Stefania Gioco
Avv. Stefania Brugnoli
Avv. Stefano Carrara
Avv. Alessio Albertini

Sito web e privacy: il tuo sito è legale?

Sito web e privacy: il tuo sito è legale? In Italia come anche nel resto Read More

Website and privacy: is your website legal compliant?

Website and privacy: is your website legally compliant? In Italy as well as in the Read More

A technological update

The best-known application of 'blockchain' technology, which many are now beginning to understand, is notoriously Read More

The new duties of company’s directors

This is a subject that was much talked about with Legislative Decree No. 14 of Read More

Product packaging and environmental labelling

after release of this video the deadline of June 30th 2022 has been extended to Read More

Access to digital data of the deceased and the incapacitated person

Will your social networks be disclosed to your relatives? - With the widespread use of digital Read More

The Register of Beneficial Owners! Who owns a bank? Or a supermarket?

In order to ensure greater transparency and legality in the economic system, there is a Read More

25 gennaio - GDPR, the latest news

Hi everybody,Today I will tell you about the latest news on GDPR, a topic on Read More

28 dicembre 2020 - A regulatory framework on the move

Hi,It’s Monday again: the last week of the year begins! My talk today is about Read More

30 novembre – Two interesting updates for investing in Italy

Hi, It’s Monday so It’s time to have our little talk about the most recent Read More

26 ottobre - Commercial leases and COVID-19

Hi, It’s Monday: let’s have again a little talk! This time the topic is about Read More

28 settembre 2020 - Buying a property: the importance in having a professional real estate agent

Hi, It’s Monday again and I would be delighted to join you for coffee. Today Read More

31 agosto 2020 - Critical aspects of blockchain and solutions

Hi, It’s Monday, a new week begins! My talk today is about blockchain: critical aspects Read More

27 luglio 2020 - Living will (or Advance Decisions): now it's easier to do it and has more publicity

Hi, It’s Monday, here I am! My talk today is about Advance Decisions. A topic Read More

6 luglio 2020 - Blockchain, Cryptocurrency, anti-money laundering

Hi, It’s Monday, I’m here again! My talk today is about the blockchain, cryptocurrency and Read More

1 giugno 2020 - Using social networks during working hours

Hi, it’s Monday so we’ll have breakfast together. For a good start: sit comfortably, enjoy Read More

12 maggio 2020 - Digital guarantees managed with blockchain

Hi, it’s Tuesday, let’s have breakfast together! Today I’m talking about the digital guarantees managed Read More

6 aprile 2020 - COVID-19

While necessarily complying with all government regulations on virus containment, my colleagues at Italegal and Read More

9 marzo 2020 - Credit recovery in Europe: news coming soon

Hi, it’s Monday so we’ll have breakfast together. For a good start: sit comfortably, enjoy Read More

17 febbraio 2020 - Justice & Blockchain

Hi,I am Roberto Nicolini. From today on, once a month, I will keep you company Read More
  • 1
  • 2

 

Sito web e privacy: il tuo sito è legale?

 

In Italia come anche nel resto della unione europea è in vigore sin dal 2019 il GDPR, ovvero il regolamento europea sulla tutela dei dati personali.

 

I dati personali di ognuno di noi devono essere trattati da chi li raccoglie in modo legale, rimanendo a ognuno di noi tutta una serie di diritti sui nostri dati.

Anche tutti coloro che dispongono di un sito web, ovvero moltissime aziende e operatori economici, sia pubblici che privati,  devono rispettare il GDPR.

Quasi tutti quelli che hanno un sito web hanno usato per molto tempo Google Analytics, cioè un servizio di google che raccoglie tutti i dati sull’uso di internet per elaborare algoritmi e dare altre informazioni utili alle aziende, ma anche per tenersele! Ecco perché se cerchi su internet “brioche”, ti compaiono poco dopo le pubblicità delle pasticcerie vicino a che.

Dato che Google Analytics 3, come anche altri servizi simili, trasmette i dati raccolti al di fuori dell’Unione Europea e in tal modo, si sottrae al rispetto del GDPR, perché non vengono garantiti livelli adeguati di sicurezza della privacy.

E’ intervenuta la Corte di Giustizia Europea ma soprattutto il Garante Privacy italiano con la decisione del 9 giugno 2022 numero 224. Come anche in altri paesi europei, è stato dato un termine massimo di 90 giorni ai titolari di siti web per cessare l’utilizzo di Google Analytics 3 o di altri software che trasmettano i dati raccolti su dei server collocati al di fuori della Unione Europea (nello specifico negli USA) e trovare delle soluzioni tecniche alternative.

 

Il Garante Privacy ha preannunciato doverosi controlli; chi ancora utilizzasse questo software rischia sanzioni molto pesanti. Non tutti prestano la necessaria attenzione a queste notizie, ma è davvero importante adeguarsi. 

Invito tutte le aziende e i titolari di un sito web a verificare la loro situazione, anche in particolare le informative sui cookies , che spesso riferiscono che il titolare del trattamento utilizza Google Analytics3 o servizi simili.

 

last update nov 2022

Website and privacy: is your website legally compliant?

 

In Italy as well as in the rest of the European Union, GDPR, the European Data Protection Regulation, has been in force since 2019.

 

Everyone's personal data must be processed by those who collect it in a legal manner, and everyone has a number of rights over his or her data.

Everyone with a website, i.e. many companies and businesses, both public and private, must also comply with the GDPR.

Almost everyone who has a website has been using Google Analytics for a long time, i.e. a Google service that collects all the data on internet use to process algorithms and give other useful information to companies, but also to keep it! That's why if you search on the internet for 'brioche', advertisements for bakeries near that appear shortly afterwards.

Since Google Analytics 3, as well as other similar services, transmits the collected data outside the European Union, it eludes GDPR compliance, because adequate levels of privacy security are not guaranteed.

The European Court of Justice has intervened, but above all the Italian Garante Privacy with its decision of 9 June 2022 number 224. As in other European countries, a maximum term of 90 days was given to website owners to discontinue the use of Google Analytics 3 or other software which transmits data collected on servers located outside the European Union (specifically in the USA) and find alternative technical solutions.

 

The Privacy Guarantee Authority has announced that it will carry out checks; anyone still using this software risks heavy penalties. Not everyone pays the necessary attention to this news, but it is really important to adapt. 

Therefore, I urge all companies and website owners to check their situation, including in particular the information on cookies, which often states that the data holder uses Google Analytics3 or similar services.

 

Last update Nov 2022

 

The best-known application of 'blockchain' technology, which many are now beginning to understand, is notoriously 'bitcoin'. Even with other virtual currencies, it has fluctuating values, but continues to be popular as a payment and financial instrument. Worldwide and also in Italy, case law is constantly dealing with it; the Italian Court of Cassation has recently ruled that anyone who buys bitcoins with financial means of illicit origin commits the crime of self-money laundering. This confirms once again that bitcoin can be considered a financial and speculative instrument and that as such, it can be considered a technically suitable instrument for the commission of the aforementioned crime. All the more so because it allows transactions to be largely anonymous and therefore it is very carefully monitored. For this reason, those who purchase bitcoins must always take care to keep documentation to prove the legitimacy of the funds used. And what about 'NFTs' or non-fungible tokens? They are another practical use of the blockchain technology itself. First and foremost, they are used to make the 'originals' of digital works of art recognisable and marketable, with interestingly different uses, depending on whether they are linked to a tangible work of art or not. But also, in the field of fashion, for example, they are progressively being used in a manner accessible to any consumer, to ascertain the uniqueness and/or belonging to a limited series and/or in any case the authenticity of a specific material product. These and many others are the possible uses, that are gradually becoming more widespread, so it is important for everyone to understand at least the elementary rudiments of this technological tool. update October 2022

 

after release of this video the deadline of June 30th 2022 has been extended to December 31st 2022!

This is important news for companies, which sell products in the EU, but also for consumers. Packaging is boxes, bottles, jars, baskets and generally all those containers for products bought by consumers.

The origin of the issue comes from the EU Directive 851 of 2018, which has also been transposed into Italian law, defined as the “environmental labelling standard”. The aim of this legislation is to ensure that product packaging is reused as much as possible as part of the so-called circular economy.

For all packaging, therefore, an obligation has been introduced to identify the packaging materials by means of identification markings, as set out in Decision 129/97/EC, and to indicate how they can be recycled. For paper packaging, for example, there will be the abbreviation PAP followed by a number. Given the variety of packaging, the standard takes up the principle of accountability, and it is therefore possible that companies' solutions will vary, but all will be suitable for achieving the intended purpose.

Sometimes products are so small that it is difficult to add other indications on the labels: then the regulation provides that a QR code can be print, with a link to a web page, where all the information is available to the consumer.

These new indications had to be in place on products already on sale by 31st December 2021, but at the end of last year this deadline was extended to 30th June 2022 and then to 31st December 2022. However, even after that date, companies can sell products that are already on the market or that are already labelled on 1st January 2023, even though they do not have the environmental labelling requirements, until stocks are sold out.

Given that the extension came at the last minute, it is quite possible that products bearing the new packaging recycling information are already on the market.

It is important for companies to know that these are mandatory rules and that failure to comply with them will result in heavy fines. But with the deadline being extended to 30th June 2022, it is to be expected that everyone will comply, to take another step in the direction of a greener economy.

 

updated June 2022

 

Will your social networks be disclosed to your relatives? -

With the widespread use of digital data in the most diverse spheres, the question increasingly arises: if the holder is deceased or has become incapacitated, who can obtain all the digital data of the person in question from the various entities, banks, social networks, health facilities?

The question is not one of mere entertainment, but concerns different and broad spheres of personal rights, economic and property rights as well as personality rights.

A practical solution that I suggest, is to collect access keys and passwords for loved ones in a special document: one can also think of indicating them in the will. This allows family members to access and dispose of the data. But what happens if this is not done? Who has access?

The solution adopted consistently in recent years by the Italian courts is to apply a specific rule, introduced in 2018 and namely Article 2-terdecies, of Legislative Decree 196/2003, according to which a person's rights can be claimed, in his absence, by those who have an interest of their own, or by those acting on his behalf as a proxy, or even by those acting on his behalf for family reasons worthy of protection. Moreover, the same rule prevents these third parties from accessing the digital data, if the person in question has expressly forbidden it.

Starting with the latter statement, it is reassuring to know that any of us can decide not to allow our heirs access to our digital data, especially the most confidential and personal data.

It is equally reassuring that the Italian courts, with the specificities of each individual case, normally grant this right to third parties, relatives or heirs, of the deceased person, in the event that they request not only to have access to, but also to dispose of and keep all the digital data of the person in question. This has important implications, since even after death a relative can for instance obtain the medical records of the deceased. Another case is social security and pension data, held by public and private bodies, which can be used to obtain survivor's pensions or other benefits.

To the question of what to do in this matter, that I was asked recently, I can give the same answer here as well: be aware of your digital identity, data and digital assets and think in advance about what you would like to do with them, when you won’t be around. Like family jewellery.

 

updated July 2022

 

 

 

 

Page 1 of 2

Contattaci

Facebook

ITALEGAL Società Cooperativa C.F.e P.IVA 04259900233 REA VR-405835
Diritto civile e commerciale; diritto amministrativo; diritto internazionale privato e processuale; rapporti con l’estero
Corso Porta Nuova, 11 - 37122 VERONA - ITALIA - Telefax +39-045-8009958 - info@italegal.eu
Powered by Lugoboni.it 2013 

(c) Italegal 2014 Avvocati Verona - Partite Iva