Italy

On May 20, 2024, a proposal for a law on artificial intelligence (“AI”) was laid before the Italian Senate.

The proposed law sets out (1) general principles for the development and use of AI systems and models; (2) sectorial provisions, particularly in the healthcare sector and for scientific research for healthcare; (3) rules on the national strategy on AI and governance, including designating the national competent authorities in accordance with the EU AI Act; and (4) amendments to copyright law. 

We provide below an overview of the proposal’s key provisions.Continue Reading Italy Proposes New Artificial Intelligence Law

On May 9, 2024, the Italian data protection authority (“Garante”) published a decision identifying the safeguards that controllers must put in place when processing health data for medical research purposes, in cases where data subjects’ consent cannot be obtained for ethical or organizational reasons.

The Garante’s decision follows a recent legislative development, enacted by Law n. 56 of April 29, 2024, and effective as of May 1, 2024, which amended, among other things, Article 110 of the Italian Privacy Code.  The amendment removes the obligation to submit a research program and related data protection impact assessment (“DPIA”) for prior consultation to the Garante, in cases where it is impossible or disproportionately burdensome to contact the concerned individuals.  

We provide below an overview of the legal framework and the safeguards identified by the Garante.Continue Reading Italian Legislator and Regulator Update Rules on Processing of Health Data for Medical Research

On 31 May 2022, the Italian Parliament approved Law 62/2022, also known as the Sunshine Act, which entered into force on 26 June 2022. The new rules will become fully operational once the Ministry of Health sets up the public database where companies will have to disclose their data.  In…

Continue Reading The New Italian Sunshine Act Introduces Mandatory Individual Disclosure With Implied Consent Mechanism For Transfers Of Value

On July 5, 2021, the Italian Supervisory Authority (“Garante”) announced that it has fined Foodinho S.r.l. (“Foodinho”) 2.6 million EUR for its use of performance algorithms in connection with its employees. The authority held Foodinho in breach of the principles of transparency, security, privacy by default and by design, and held it responsible for not implementing suitable measures to safeguard its employees’ (i.e., riders’) rights and freedoms against discriminatory automated decision making. The Garante’s decision is the first of its kind in the realm of the algorithmic management of gig workers. According to the Garante, Foodinho’s management violated Article 22(3) of the GDPR.
Continue Reading Italian Supervisory Authority Fines Foodinho Over Its Use of Performance Management Algorithms

On May 6, 2020, the Italian Supervisory Authority (“Garante”) published a list of frequently asked questions (“FAQs”) and answers on data protection and COVID-19 (see here, in English).

The FAQs build on and expand guidance previously issued by the Garante (see our blog post here), and take into account recent measures adopted by Italian authorities, such as the Protocol on Fighting COVID-19 in the Workplace that the Italian government signed with several trade unions on March 14, 2020 (see our blog post here), which was slightly amended on April 24, 2020 (see here).

Among other topics, the FAQs cover: (1) data processing by private employers in the context of the COVID-19 health emergency; and (2) data processing in clinical trials and medical research in the context of the COVID-19 health emergency.
Continue Reading Italian Supervisory Authority Publishes FAQs on Data Protection and COVID-19

On March 14, 2020, the Italian Government and several trade unions have signed a protocol, which establishes specific procedures for fighting COVID-19 in the workplace.

The protocol also includes provisions on the processing of personal data of employees.  In particular, it provides that employers may subject their employees to…
Continue Reading Italian Government and Trade Unions Sign Protocol on Fighting COVID-19 in the Workplace

On March 6, 2020, the Italian Data Protection Authority (“Garante”) reported on new measures designed to protect the health data of patients in the context of Government procurement efforts (calls for tender) to acquire medical equipment and devices. The new measures are the result of a collaboration between the Garante…
Continue Reading Procurement Tenders in the Health Sector: More Protection for Patient Data

On March 2, 2020, the Italian Supervisory Authority (“Garante”) published a “statement” in which it clarifies how companies should process personal data in the context of their efforts for preventing a spread of the coronavirus disease (“COVID-19”) among their employees and others in Italy (see here, in Italian).

The…
Continue Reading Italian Supervisory Authority Publishes COVID-19 Guidance

On September 12, 2019, the Italian Supervisory Authority (“Garante”) approved a code of conduct for consumer credit agencies (the “Code”), pursuant to Art. 40 GDPR (see here in Italian).

The Code already existed prior to the GDPR, but it had to be amended to meet the requirements of the GDPR…
Continue Reading Italian Supervisory Authority approves Code of Conduct under the GDPR

On July 22, 2019, the Italian supervisory authority for data protection (“Garante”) issued a judgment involving the so-called “right to be forgotten”.  The Garante’s decision explores the boundaries of this right in a case in which Internet users could access an article by using a professional position as a search term, whereas it was not possible to access the article merely by using an individual’s name as a search term.

More specifically, the case before the Garante involved a professional, namely the president of a cooperative, who requested that Google remove a link to online content about him accessible by Internet users.  The content was accessible not by entering the individual’s name as a search term, but rather by entering his position as president of the cooperative, an association that serves the interests of members, i.e., social or economic needs or other general aims.Continue Reading Italian Supervisory Authority Issues Judgment Concerning ‘Right to be Forgotten’