UPDATES

Marketing and ‘Chinese Boxes’: In the Event of a Breach of Privacy, Is the Commissioner Also Liable for the Companies He Uses?

Entrusting a promotional campaign to a marketing company may also entail liability for the commissioner in the event of a breach of privacy legislation. In fact, on 25 November 2021, the Authority for Personal Data Protection, at the request of two complainants who complained about the continuous receipt of unwanted messages, sanctioned two companies involved in a promotional campaign, […]

Important Developments on the Duration of Stay of Seafarers on Board Long-Term Moored Ships

Ships are often moored for a long – term in ports or shipyards, while seafarers are regularly on-board to carry out their tasks. Up to 2020, extra-Schengen seafarers were regularly signed on with long-term moored ships where they could remain for the entire duration of their employment agreement. Indeed, a common practice all over Europe […]

Non-Fungible Token: Introduction

Today blockchain, NFT, smart contracts, and crypto-assets are words increasingly used in the Web 3.0 world. They describe concepts that are disrupting the economic and business world and gaining reliability in markets very different from each other (among which, by way of example, the ones of art, financial, transport, or agri-food). Still today, however, the […]

IVASS Updates the FAQ for Insurance Companies Based in the EEA: Requirements for Operating in Italy

On February 1st IVASS updated the FAQ for companies with registered offices in a country of the European Economic Area which intend to operate in Italy under the regime of establishment or free provision of services. Below is the clarification provided by the Supervisory Authority. What are the obligations to which the company is subject? […]

REQUIREMENTS OF THE SHAREHOLDERS’ RESOLUTION TO BRING A CORPORATE LIABILITY ACTION

Pursuant to Article 2393 of the Italian Civil Code, a liability action against corporate bodies requires a resolution of the shareholders, since the latter constitutes the formal and mandatory way of expressing the company’s will and therefore no equivalent to the shareholder resolution is admissible. In view of the unquestioned importance of the resolution, the […]

Communication of Data and Information on Non-Life Premiums: IVASS Regulation Under Public Consultation

IVASS has opened for public consultation the draft Regulation containing provisions relating to the communication to IVASS of data and information on non-life premiums collected by companies through single intermediaries and through management activities. This is the Regulation adopted pursuant to articles 3-bis, 190, and 190-bis of Legislative Decree no. 209 of September 7, 2005 […]

Clarifications of the Court of Cassation on the Nullity of Bringing the Legal Claim to the Knowledge of Others or Nullity of the Vocatio in Ius

In the very recent judgment no. 2258 of 26 January 2022, the United Sections of the Supreme Court ruled on a particularly important procedural law question expressed in the interlocutory order of the third section of the Court no. 18297/2021. The United Sections were asked to decide whether or not the defendant who had remained […]

AML PACKAGE: TOWARD NEW EUROPEAN LEGISLATION

The Financial Intelligence Unit for Italy (FIU) has provided updates on the ambitious European reform package, “AML Package”, aimed at strengthening the legislation on money laundering and terrorist financing, published by the European Commission on 20 July 2021. Specifically, the AML package, which consists of four European Commission proposals (3 regulations and a sixth AML […]

Retroactivity of the Increase in Insurance Limits

On December 12, 2021, the EU Court of Justice issued sentence no. 428 expressing its opinion on the issue regarding the increase in insurance limits. According to the Court, in the light of Directive 84/5 and Directive 2009/103, a motor insurance contract entered into before 11 December 2009 can only be applied retroactively to the […]

Limitation of Liability of the Land Carrier: First Observations on Art.30-bis of Law Decree no. 152/2021 Converted by Law no. 233 of 29.12.2021 (PNRR Decree).

The recent measures implementing the PNRR have concerned, among other things, the matter of the carriage of goods and the forwarding contract, making some changes to the rules of the Civil Code, in particular on sensitive issues such as the limit of liability of the land carrier (Article 1696 Civil Code) and the forwarding contract […]