The Legal 500

In 2009, Italian Law introduced a new legal instrument, Business Network Contracts (‘BNC’), which allow aggregations of commercial entities to work together in an organised and durable manner (without having to establish a new company or a consortium) whilst retaining their own independence and individuality, as well as benefitting from various incentives and tax benefits.

Expected ever since the first unofficial draft was published by the Banking Regulation and Supervision Authority (BRSA), back in May 2008, the new Law on Financial Leasing, Factoring and Financing Companies numbered 6361 (Law No. 6361) has entered into force as of 13 December 2012 with the exception of certain provisions-, upon its publication on the Official Gazette numbered 28496.

With the expansion of the online market, some doubts have arisen about the appropriateness of Italian regulations related to online conditions of sale, with particular reference to restrictive clauses.

• Introduction • New provisions on regulating Resignation and Termination by Mutual Consent • Sanctions • Conclusion

The reform of the Italian labour market – known as Riforma Fornero from the name of the involved Ministry of Labour and Welfare – has been enacted as law no. 92 of June 28, 2012 (the “Law”) and is in force since July 18, 2012.

In recent months Corrado Calabrò, formerly the chairman of the Communications Authority (AGCOM), took part -­‐ during his mandate at AGCOM -­‐ in parliamentary hearings(1) in order to clarify AGCOM's position on certain aspects of a draft regulation(2) which is intended to ensure protection of copyright on electronic communication networks.

Recent case law -  A leading low-cost airline has recently been sanctioned by labour inspectors from the local labour office Direzione provinciale del lavoro (DPL), which reportedly imposed an administrative fine for failure to pay social security contributions in Italy.

Representations and warranties under Italian law
Legal remedies for infringement
Safeguards to add and mistakes to avoid
Court ruling on consequences of infringement
Comment
Representations and warranties under Italian law

On May 28, 2012 the Italian Government issued Legislative Decree no. 69/2012 (“Decree”) implementing in Italy Directive no. 2009/136/EC (which amended Directive 2002/58/EC – “e-Privacy Directive”).

Data Controllership Assessment

On April 5, 2012 the Italian data protection authority (“Garante”) issued a resolution which found controllership for a company that used personal data, purchased from another company, for telemarketing purposes. The resolution was published on the Garante’s website on May 8, 2012.