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Italian GDPR harmonization law is now in force

Posted on by Federica Romanelli
On September 19, 2018, Legislative Decree n. 101/2018 harmonizing the Italian privacy law with the General Data Protection Regulation (GDPR) entered into force. Legislative Decree was published on the Official Italian Gazette (Gazzetta ufficiale n. 205 04-09-2018) on September 4, 2018. More on the Legislative Decree and the Italian Privacy Code (Legislative Decree 196/2003) is available at http://www.technethics.com….   For more information on this and for advice on GDPR implementation, Read more [...]

N IF A PHOTO IS AVAILABLE ON A WEBSITE, PUBLISHING IT ON ANOTHER WEBSITE REQUIRES THE PHOTOGRAPHER’S AUTHORIZATION, THE ECJ HELD

Posted on by Federica Romanelli
August 7, 2018, the Court of Justice of the European Union (CJEU) ruled that “the posting on a website of a photograph that was freely accessible on another website with the consent of the author requires a new authorisation by that author”. With the request for preliminary ruling, the Bundesgerichtshof (Federal Court of Justice, Germany) asked the CJEU to interpret the Copyright Directive (Directive 2001/29/EC), according to which the author of a work has the exclusive right to authorize Read more [...]

Update on French Conseil d’Etat’s request for a preliminary ruling on the right to be forgotten

Posted on by Federica Romanelli
  On September 11, 2018, the Court of Justice of the European Union (CJEU) began hearing evidence from over 70 stakeholders in the case whose judgement shall outline the territorial scope of the right to be forgotten. The panel of 15 CJEU judges will rule in 2019. The request for a preliminary ruling (Case C-507/17) was lodged by the French Conseil d’Étaton 21 August 2017 with reference to the case Google Inc. v Commission nationale de l’informatique et des libertés (CNIL). While Read more [...]

FEDERAL COURT CONFIRMS DIFFICULTY OF SUCCESS WITH FORUM NON CONVENIENS MOTIONS WHEN CONTRACTS CONTAIN FORUM SECTION CLAUSES

Posted on by Federica Romanelli
On June 13, 2018, the United States District Court for the District of South Carolina denied a request for venue change. The plaintiff had filed in the forum indicated in a forum selection clause. The court found the clause mandatory and enforceable. ARCpoint Franchise Grp., LLC v. Blue Eyed Bull Inv. Corp. In this case brought for breach of contract, Plaintiff was a SC limited liability company while Defendant was a Kansas corporation, authorized to do business in Missouri. Plaintiff initiated Read more [...]

Italian GDPR harmonization law is published on the Official Gazette

Posted on by Federica Romanelli
On September 4, 2018, Legislative Decree n. 101/2018 harmonizing the national privacy law with the General Data Protection Regulation (GDPR) was published on the official Italian journal (Gazzetta ufficiale n. 205 04-09-2018). The Legislative Decree does not abrogate the Italian Privacy Code (Legislative Decree 196/2003), which therefore remains in force, but that Code is harmonized with the principles set out in the GDPR, first of all with the accountability principle. Legislative Read more [...]