UPDATES

ESAs – Fact Sheet on Investments, Loans, Insurances, and pensions

The three European Supervisory Authorities (EBA, EIOPA, and ESMA) have published a fact sheet with the title: «Investments, loans, insurances, or pensions with sustainable characteristics: what to know?», addressing the main questions brought by  consumers regarding sustainable finance. The purpose of the fact sheet is to provide guidance to consumers considering purchasing financial products with […]

VAT on Charter fees – ITALIAN REVENUE AGENCY assessments for years 2017-2020

Introduction The Italian Tax Agency has been carrying out an intense audit activity on a significant number of yachts that have carried out charters started in Italy during the period 2017/2020.  The scope of the audits is to reclaim the VAT balance that should have been paid by the yacht owners on charters started in […]

The Italian Administrative Court (TAR) Has Suspended the Term to Make the Filing Relating to the Beneficial Owner

The Italian Administrative Court (“TAR”) for Latium, IV Division, by order 8083 of 7/12/2023  (RG 15566/2023) , has suspended the Decree dated September 29, 2023 of the Ministry for the Enterprises and of Made in Italy (Mimint), relating to “Operativity of the system to file the data and information relating to the Beneficial Ownership”, published […]

Ransomware Attack: ASL Fined for Inadequate Security Measures

ASL Napoli 3 Sud (a healthcare public institution) has been subject to a fine by the Italian Privacy Authority, which imposed -through decision n. 426/2023- a penalty of €30.000 on the institution. This fine was levied for inadequately protecting the personal and healthcare data of 842.000 individuals -patients and employees- from hacker attacks. Specifically, the healthcare […]

Expert opinon by a party: a new means of evidence?

With Order no. 25593 of 01/09/2023, the Supreme Court confirm a legal principle that had already been stated in the past with the previous provision no. 2655/2011. The appealing party had contested a part of the appealed ruling for violating Article 116 of the Italian Civil Procedure Code (regarding the evaluation of procedural evidence), arguing […]

EBA – Public Consultation on Guidelines for Preventing Abuse of Funds and Crypto-Asset Transfers for ML Purposes

On November 24, the European Banking Authority (EBA) initiated a public consultation on the draft guidelines regarding the prevention of abuse of funds and crypto-asset transfers for the purposes of money laundering and terrorist financing. These guidelines aim to ensure the consistent application of European law, specifying the measures that payment service providers (PSPs), intermediaries […]

EBA – Guidelines for AML/CFT Supervisory Authorities

On November 27 the European Banking Authority (EBA), extended the guidelines on anti-money laundering and countering the financing of terrorism (AML/CFT) to crypto-asset service providers (CASPs). These guidelines establish the measures that supervisory authorities should observe to identify and manage money laundering (ML) and terrorist financing risks (TF). The guidelines for CASPs will be published […]

The International Movement of Cultural Property

The international movement of cultural property is regulated by Legislative Decree no. 43 of January 22, 2004 (“Code of Cultural Heritage and Landscape” or the “Code”), which has been subject to numerous amendments, inter alia: – Law no. 124 of August 4, 2017, “Annual Law for Market and Competition”; – The Ministerial Decree of May […]

Italian Data Protection Authority – Access of Heirs to Data of Beneficiaries of Insurance Policies

The Italian Data Protection Authority– GPDP- clarified through a decision currently being published in the Official Gazette that insurance companies must allow heirs, upon request, to access the names of beneficiaries indicated in life insurance policies taken out by deceased individuals. The decision comes following numerous requests received by the Authority due to conflicting jurisprudential […]

Promotional SMS without Consent: Fine Imposed on an Online University

A Privacy Authority’s fine was issued on October 23rd against the e-Campus online University. The university had sent promotional SMS messages without the consent of the recipients, leading to a penalty of € 75.000 by the Authority. This action was taken in response to complaints from some citizens who were receiving unwanted messages, even after […]