Privacy harmonization decree scheme

Privacy harmonization decree scheme

Here are some of the highlights.

Minori. Lowered to 14 years the date to express consent for the processing of data relating to the offer of services of the information society.

Delegates privacy. In the organization of the company or public body, designated persons for specific tasks and functions find space. They will operate under the authority of the data controller and will perform the tasks assigned to them as regards privacy obligations.

inspections. For the first eight months from the entry into force of the harmonization decree, the privacy guarantor will have to take into account the first application phase of the sanctions: these are not suspended, but you must have a light hand.

Facilitated definition. For non-defined violations at the 25 May 2018 date the facilitated definition will be possible, paying two-fifths of the minimum, within 60 days from the date of entry into force of the legislative decree of harmonization.

Oblation at regime. For future disputes, the offender and the jointly and severally liable can define the dispute related to an administrative sanction, adapting to the requirements of the guarantor, if given, and paying an amount equal to half of the penalty imposed.

Pending proceedings. We must confirm the interest in dealing with complaints, reports and requests for preliminary checks. This within 60 days from the entry into force of the harmonization dlgs. Without request for treatment they become impractical. For appeals, however, another path is followed: they are officially treated as complaints.

Claims. They replace appeals to the guarantor and will be decided within nine months. The rule of alternateness with appeals to the court remains.

Administrative sanctions. The 689 / 1981 law is applied, ie the framework law on pecuniary administrative sanctions.

News. The possibility remains for anyone to send a report to the Guarantor for the adoption of corrective and sanctioning measures.

Offenses. The decree provides for the crimes of unlawful processing of data, communication and illegal dissemination of personal data being processed on a large scale, fraudulent acquisition of personal data being processed on a large scale, false declarations to the guarantor and interruption of performance of tasks and powers of the guarantor, and failure to comply with the provisions of the guarantor.

Deontological codes. The codes of conduct, attached to the Privacy Code, continue to produce effects provisionally, until their possible renewal.

General authorizations. Provision of a procedure for renewal of general authorizations for sensitive data (to be defined by measures of the guarantor, subject to prior public consultation).

Provisions of the Guarantor. The provisions of the Guarantor that are not incompatible with the EU regulations continue to be effective.

Many. A selective procedure is envisaged for the appointment as member of the Board of the Privacy Guarantor.

Trials in court. The privacy code rule is maintained, so the judge assesses the admissibility and usability of evidence collected in violation of privacy, which is intended to be used in a trial.

Curriculum Vitae. Information for the interested party (ex informative) can be provided at the first useful contact following the spontaneous sending of the curriculum. The consent is not due, provided that the treatment is limited to what is necessary for the pre-contractual recruitment procedure.

Justice. The judicial authorities must also appoint the data protection officer.

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Sinergetica Ltd.
Villalago Riviera, 54 - 67030 Villalago (AQ)


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Sinergetica Ltd.
Villalago Riviera 54 - 67030 Villalago (AQ)


Privacy Information Site
Cookies Policy
Legal notices
Ethical code (italian)