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  • Article

    Storage Limitation, Integrity, Confidentiality In The General Data Protection Regulation

    The principle of storage limitation is much more enhanced in the new EU General Data Protection Regulation (GDPR), than it was in the Directive 95/46/EC.
    ItalyPrivacy
    Stefanelli & Stefanelli Studio Legale
    Stefanelli & Stefanelli Studio Legale
  • Article

    Possible Exclusion Of Tenderers Who Offer Products Originating In Third Countries

    Article 137 of the Italian Procurement Code applies to all offers containing products originating in third countries, with which the European Union ...
    European UnionGovernment, Public Sector
    Stefanelli & Stefanelli Studio Legale
    Stefanelli & Stefanelli Studio Legale
  • Article

    Validity Of The General Conditions Of Online Contracts

    Two companies from two different EU Member States have entered into a contract in 2014 by exchanging forms via e-mail.
    ItalyCorporate/Commercial Law
    Stefanelli & Stefanelli Studio Legale
    Stefanelli & Stefanelli Studio Legale
  • Article

    Consent To Data Processing

    One of the main bases that authorize data processing is consent. Consent is an expression of will, with which the data subject authorizes the processing of data.
    ItalyPrivacy
    Stefanelli & Stefanelli Studio Legale
    Stefanelli & Stefanelli Studio Legale
  • Article

    New Standard On Personal Information Security: A Step Forward For Personal Data Protection In China

    The year 2018 is expected to see great developments in the area of data protection, and not only across Europe.
    European UnionPrivacy
    Stefanelli & Stefanelli Studio Legale
    Stefanelli & Stefanelli Studio Legale
  • Article

    Where Does The 679/2016 Regulation Apply?

    As the date of the full implementation of the 679/2016 Regulation draws nearer (May 25, 2018), it is important to understand who it refers to and where does it apply.
    European UnionPrivacy
    Stefanelli & Stefanelli Studio Legale
    Stefanelli & Stefanelli Studio Legale
  • Article

    Abuse Of Dominance By Excessive Prices: The European Court Of Justice Rules On A Latvian Reference

    On 14 September 2017, the European Court of Justice (‘ECJ') provided further guidance on how to identify an excessive pricing abuse under art. 102 lett. a) ...
    European UnionAntitrust/Competition Law
    Stefanelli & Stefanelli Studio Legale
    Stefanelli & Stefanelli Studio Legale
  • Article

    Italian Council Of State: An Exclusive Right Does Not Imply A Direct Award

    The Italian Council of State (Section III) has ruled on the concept of exclusivity with sentence no. 748 of 5/2/2018, establishing that even if existing ...
    ItalyGovernment, Public Sector
    Stefanelli & Stefanelli Studio Legale
    Stefanelli & Stefanelli Studio Legale
  • Article

    Regional Administrative Court Of Milan: Exclusivity Is Not A Sufficient Criterion For Not Calling For Tender

    The Regional Administrative Court of Milan (Section IV) has recently ruled (21/2/2018, n.500) on the principles of "exclusivity" and "non-fungibility" and on whether they are sufficient grounds ...
    ItalyGovernment, Public Sector
    Stefanelli & Stefanelli Studio Legale
    Stefanelli & Stefanelli Studio Legale
  • Article

    Fairness, Transparency, Purpose Limitation - Principles Of The GDPR

    After the principle of lawfulness, which has been discussed in the previous article, the General Data Protection Regulation also introduces the principle of fairness.
    ItalyPrivacy
    Stefanelli & Stefanelli Studio Legale
    Stefanelli & Stefanelli Studio Legale
  • Article

    Minimisation And Accuracy Of Data In The Data Protection Regulation

    The principle of data minimisation is part of the principles according with which data processing is carried out.
    ItalyPrivacy
    Stefanelli & Stefanelli Studio Legale
    Stefanelli & Stefanelli Studio Legale
  • Article

    The Court Of Justice Takes A Broad Interpretation Of When Softwares Fall Within The Notion Of Medical Devices

    The long-awaited sentence by the Court of Justice on the Snitem - Syndicat national de l'industrie des technologies médicales (C.329/16) case concerning the ...
    European UnionFood, Drugs, Healthcare, Life Sciences
    Stefanelli & Stefanelli Studio Legale
    Stefanelli & Stefanelli Studio Legale
  • Article

    Personal Protection Equipment (PPE): Changes In The Optical Sector

    The EU Reg. 2016/425 - published in the OJ on 31 March 2016 - concerns personal protective equipment (PPE). The new Regulation applies from April 21, 2018 ...
    ItalyFood, Drugs, Healthcare, Life Sciences
    Stefanelli & Stefanelli Studio Legale
    Stefanelli & Stefanelli Studio Legale
  • Article

    New China's Standardization Law: An Overdue Reform

    On January 1, 2018, the Revised Standardization Law of the People's Republic of China has come into force. The new Law modernizes and simplifies the previous ...
    ChinaCorporate/Commercial Law
    Stefanelli & Stefanelli Studio Legale
    Stefanelli & Stefanelli Studio Legale
  • Article

    Principles Applying To Data Processing: Lawfulness

    Art. 5 of the new General Data Protection Regulation can be considered as the heart of the system. Indeed, it contains the principles that must be followed in data processing.
    ItalyPrivacy
    Stefanelli & Stefanelli Studio Legale
    Stefanelli & Stefanelli Studio Legale
  • Article

    Medical Research And Data Protection

    Medical research and data protection: in the last days, divergent comments and positions have appeared on the web regarding the text of the new Art. 110-a of the Privacy Code ...
    European UnionFood, Drugs, Healthcare, Life Sciences
    Stefanelli & Stefanelli Studio Legale
    Stefanelli & Stefanelli Studio Legale
  • Article

    Acquisition Of Healthcare Facilities Or Divestiture Of Business: What Happens To Patient Data?

    It is a time of major changes in the private health sector. Foreign investment funds are purchasing healthcare facilities in Italy, and within the territory various mergers ...
    ItalyFood, Drugs, Healthcare, Life Sciences
    Stefanelli & Stefanelli Studio Legale
    Stefanelli & Stefanelli Studio Legale
  • Article

    Privacy Notices In The GDPR

    Informing the data subject of who and how his/her data are processed, is part of the broader right to self-determination of the data subject.
    ItalyPrivacy
    Stefanelli & Stefanelli Studio Legale
    Stefanelli & Stefanelli Studio Legale
  • Article

    The Processing Of Personal Data In Procurement Contracts: Roles And Responsibilities

    It goes without saying that in the course of a public or private contract, the parties involved may have to manage and process a large amount of personal data of the interested third parties.
    European UnionGovernment, Public Sector
    Stefanelli & Stefanelli Studio Legale
    Stefanelli & Stefanelli Studio Legale
  • Article

    Draft Decree Harmonizing The Enforcement Of GDPR In Italy States Consent Will No Longer Be Needed For Processing Of Data In Healthcare

    In line with the provisions of art. 9 of EU Reg. 2016/679, it seems that the patient's consent for the processing of their data for purposes of diagnosis and medical treatment will no longer be necessary.
    ItalyPrivacy
    Stefanelli & Stefanelli Studio Legale
    Stefanelli & Stefanelli Studio Legale

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