UPDATES

Customer Profiling – Consob publishes Discussion Paper No. 11 / Profilazione della clientela – Consob pubblica il Discussion Paper n. 11

Consob published in the Discussion Paper series a study titled “Customer profiling for suitability assessment purposes. Follow up of the 2012 study on a sample of Italian intermediaries“. The paper starts from the analysis of a previous 2012 Discussion Paper, expands its contents and follows its methodologtical approach with reference to the formats for the […]

IVASS – CONSULTATION DOCUMENT NO. 1/2022

On 8 November 2022, the President of IVASS, Luigi Federico Signorini, taking part during the Insurance Summit, organized by Il Sole 24 Ore in Milan, affirmed and praised the resilience of the Italian economy despite pandemic and the new crisis caused by Russia’s war. At the international level, indeed, the economy is suffering from war-related […]

ANTI-MONEY LAUNDERING AND PRIVACY: THE PRIVACY AUTHORITY’S OPINION ON THE PROPOSED AMENDMENT TO LEGISLATIVE DECREE 231/2007

By Order No. 241 of 7 July 2022, the Italian Privacy Authority issued a favourable opinion in relation to the proposed amendment to Legislative Decree No. 231/2007 on the prevention of the use of the financial system for the purpose of laundering the proceeds of crime and financing terrorism. The aforementioned opinion had been requested […]

Centrality Of The Main Procedure And The “Commitment” With Local Creditors

The coexistence of main and secondary proceedings has given rise to numerous practical difficulties related mainly to the correct identification of the COMI, since the possibility that more than one State may consider itself competent to open the main procedure is not remote. Thus, the need arose to find a solution that did not involve […]

Bancassurance and Privacy: The Bank is a Data Processor

On 18 May 2022, the Italian Data Protection Authority issued an interesting opinion, at the request of an insurance company, concerning the correct identification of the subjective role of credit institutions that process customers’ personal data in the activity of distributing insurance policies. In providing the above-mentioned opinion, the Authority referred to the general regulatory […]

Guidelines On Appropriateness And Execution-Only, Issued By ESMA In The Framework Of Directive 2014/65/EU (Mifid II)

Last 12 April, ESMA published on its website the official Italian translation of the “Guidelines on certain aspects of the MiFID II appropriateness and execution-only requirements” (hereinafter, also, “the Guidelines”), adopted pursuant to Article 16 of Regulation 1095/2010/EU, on 3 January 2022. The Guidelines are also available on the institutional website of Consob, which declares […]

Simplified Regulation For Non-Eu Pleasure Yachts For Maintenance And Refitting Works In Italy

On 27 May 2022, the Italian Customs Agency (Agenzia Delle Dogane” or “AD”) with Circular Letter no. 20/2022 (the “Circular”) provided important clarifications that simplify the procedures for non-European flagged pleasure yachts  entering EU waters to carry out maintenance and refitting works at Italian shipyards. The main simplified features are: exemption from guarantees and VAT for maintenance […]

Telemarketing and Privacy: A Company Sanctioned for Failing to Reply to a Customer

With an injunction order dated 7 April 2022, the Italian Data Protection Authority sanctioned a commercial company for €20,000.00, as it had used a customer’s data without consent and had also failed to comply with a request to exercise the data subject’s rights to obtain information on the processing of his data. The latter, in […]