Relationship Between EU Regulation 679/2016 (GDPR) And Legislative Decree 231 Of 2001 Risk Based Methodological Approach And Risk Assessment

The purpose of this brief contribution is to highlight the possible points of contact between the discipline dictated by the GDPR and that of Legislative Decree 231 of 2001.

First of all, it may be useful to recall that Regulation 679/16 EU (the GDPR) is the legislation that since 2018 (year of its effective applicability) governs the protection of personal data. Fundamental principles of the GDPR are the accountability of the Data Controller, privacy by design and by default, the assessment of risks associated with data processing and the consequent implementation of technical and organizational measures for the minimization of these risks.

Legislative Decree 231/2001 - Regulations governing the administrative liability of legal entities, companies and associations, including those without legal personality - introduced into the Italian legal system a system of administrative liability dependent on the commission of certain offences by companies.