Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 13 FEBRUARY 2026

Disciplinary Dismissal And Digital Evidence: When WhatsApp Is Not Enough

WH Partners
WH Partners
Contributor
WH Partners

WH Partners

We are a law firm with a strong focus on assisting businesses fuelling the digital economy. We have...

View firm profile
Explore more from WH Partners

In contemporary employment litigation, disciplinary dismissal based on digital communications is one of the most sensitive areas of tension between managerial prerogatives and employee protection.

ItalyEmployment and HR
Andrea Sticca
Andrea Sticca
Author LinkedIn connections

In contemporary employment litigation, disciplinary dismissal based on digital communications is one of the most sensitive areas of tension between managerial prerogatives and employee protection. The judgment of the Modena Labour Court of 9 January 2026 fits squarely within this context, offering a particularly rigorous reading of the relationship between digital evidence, the disciplinary relevance of conduct and the system of increasing protections.

The dispute arose from the dismissal of a commercial manager for alleged direct contacts with certain clients, carried out without the involvement of the area sales agent. A key element in the court's reasoning is that the material existence of the contacts was not disputed. The decisive issue was not whether the conduct had occurred, but whether it was legally capable of justifying termination.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Navigating Italy’s Pay Transparency Law: Takeaways From Decree 96/2026

Italy's Legislative Decree No. 96/2026 implements the EU Pay Transparency Directive, introducing a comprehensive framework that shifts equal pay from an HR objective to a rigorous legal mandate with severe consequences for non-compliance. The legislation reverses the burden of proof in discrimination cases, prohibits pay secrecy clauses, and grants government agencies unprecedented access to corporate pay structures through automated reporting systems.
ItalyEmployment and HR
GGI | Global Alliance
GGI | Global Alliance
Article

New EU Rules On The Coordination Of Social Security: Implications For Secondments Abroad

The European Parliament has approved significant revisions to EU social security coordination rules that will impact companies with workers operating across member states. Key changes include new pre-secondment requirements, advance notification obligations for posted workers, and clarified criteria for determining applicable social security legislation. These modifications introduce stricter compliance measures while also expanding unemployment benefit portability for workers moving between EU countries.
European UnionEmployment and HR
K&L Gates
K&L Gates
Article

Sick Leave: Protection Extended To The Day Preceding The Certificate Also For Outpatient Medical Visits

INPS Circular No. 92 introduces significant changes to sick leave protection, extending coverage to include the day before a medical certificate is issued, even when the examination occurs at a doctor's office rather than through a home visit. This expansion addresses potential disadvantages employees face when delays occur in obtaining medical examinations, though specific exceptions apply for weekends and midweek holidays.
ItalyEmployment and HR
DL-Law Avvocati Giuslavoristi
DL-Law Avvocati Giuslavoristi
Article

Garante Privacy: I Controlli Tramite Sistemi Di Geolocalizzazione

Il Garante Privacy ha sanzionato un'azienda per l'utilizzo illecito di sistemi GPS sui veicoli aziendali che monitoravano i dipendenti ogni 60 secondi. Il provvedimento evidenzia le violazioni dei principi di minimizzazione e proporzionalità del GDPR, nonché l'assenza di una valutazione d'impatto preventiva. La decisione chiarisce quando il controllo tramite geolocalizzazione supera i limiti della liceità, anche in presenza di accordo sindacale.
ItalyEmployment and HR
DL-Law Avvocati Giuslavoristi
DL-Law Avvocati Giuslavoristi
Article

Same NPC, Different Rules: How A Player’s Age Changes Their Responsibilities Under The AI Act

The EU AI Act's Article 50 introduces age-dependent disclosure requirements for AI-powered NPCs in video games, creating a new compliance framework where the same generative character may require explicit labeling in one context but not another. This provision intersects with emerging consumer protection regulations and child safety standards, fundamentally changing how gaming studios must assess their AI implementations based on actual player demographics rather than abstract user models.
PolandTechnology
WH Partners
WH Partners
Article

EU AI Act: The Latest Compliance Checkpoint

The EU AI Act's transparency obligations became enforceable on 2 August 2026, requiring providers and deployers of AI systems to clearly disclose AI-generated content, inform users of AI interactions, and label deepfakes. Organizations must now navigate new compliance requirements including disclosure obligations for emotion recognition systems and content on matters of public interest, while facing potential fines of up to €15 million or 3% of global turnover for non-compliance.
European UnionTechnology
WH Partners
WH Partners
Article

New Pembroke Reverse Osmosis Plant: €10.2 Million Tender Launched By Malta Water Services Corporation

The Water Services Corporation has issued a major tender for the design, construction and commissioning of a new reverse osmosis desalination plant in Pembroke, Malta, with a nominal capacity of 11,200 m³ per day. The procurement follows EU Directive 2014/25/EU procedures and requires the existing plant to remain operational throughout the project's 100-week completion period. Economic operators must navigate extensive technical requirements covering reverse-osmosis systems, electrical infrastructure,
MaltaGovernment, Public Sector
WH Partners
WH Partners
Article

EU Reaches Compromise On PSD3 And PSR: Tighter Harmonisation, Crypto Rules And Stronger Consumer Transparency.

The European Union has reached a compromise on the Payment Services Directive 3 (PSD3) and Payment Services Regulation (PSR), introducing sweeping changes to harmonise payment rules across Member States. The package addresses fragmentation under PSD2 by migrating conduct-of-business rules into directly applicable regulations, while introducing new provisions on cash access, cryptocurrency payment services, fraud liability, and open banking.
European UnionTechnology
WH Partners
WH Partners