Jones Day (JD Supra Italy)

The Italian Data Protection Authority ("DPA") has issued guidelines on data protection rules applying to COVID-19 vaccinations at the workplace. On May 13, 2021, the Italian DPA issued guidelines on data protection rules applying to COVID-19 vaccinations at the workplace that can be organized by employers in accordance with a national protocol on workplace vaccinations adopted on April 6, 2021.

The Italian government, trade unions, and various employers' associations have adopted a national protocol permitting employers to facilitate workplace vaccinations. On April 6, 2021, the Italian government, trade unions, and various employers' associations agreed upon and adopted a national protocol permitting employers to facilitate workplace vaccinations...

The Situation: For years, the Italian tax system has provided for certain tax deductions from income taxes in case of building restoration works. The Result: The tax deduction from income taxes has now been increased to 110% in case of energy and anti-seismic works on existing buildings. The tax deduction can also be assigned as tax credit to third-party assignees which, in turn, can further...

Italian COVID-19 legislation, with the aim of keeping companies alive by providing them with a short-term alternative to dissolution, provides for the suspension of (i) certain directors' obligations triggered by substantial corporate capital losses, and (ii) the possibility, until June 30, 2020, to file for the opening of new bankruptcy proceedings. However, these exceptional remedies have not...

The Italian legal framework provides for the administrative (quasi-criminal) liability of companies for certain criminal offenses committed by their directors, executives, and employees in the interest, or for the benefit, of the companies. This system did not apply to criminal tax offenses. In the context of the implementation of Directive (EU) 2017/1371, intended to combat fraud to the...

The Situation: The COVID-19 pandemic is having an impact on businesses across various sectors in Italy. The Action: Further to the Law Decree No. 18 of March 17, 2020 (the "Cura Italia Decree"), the Italian Government recently enacted the Law Decree No. 23 of April 8, 2020 (the "Liquidity Decree"), implementing a number of additional measures aimed at mitigating the adverse economic impact of...

The Situation: Litigation in Italy has been unavoidably affected by the novel coronavirus (COVID-19) pandemic. Indeed, the Court of Milan alone holds up to 7,000 people daily, which is incompatible with the emergency rules on social distancing. The Result: While the administration of justice is implementing technological tools to pave the way to a broader use of "e-trial" services, court...

The Situation: On December 24, 2019, the Italian Parliament approved the Budget Law for 2020. The Result: New favorable tax changes have been introduced, but also new taxes will be imposed on digital services and the consumption of plastics and sugar. Looking Ahead: Multinationals should reconsider debt/equity ratio in light of the newly reinstated notional interest deduction system and...

Italy recently enacted a new insolvency code (the "New Insolvency Code"), which takes effect August 14, 2020. The New Insolvency Code sets up, inter alia, (i) a new preemptive restructuring framework; (ii) new rules encouraging new and interim financings by both lenders and equity holders whose claims can be satisfied with priority over both secured and unsecured claims in case of subsequent...

In the Italian public enforcement matter La Roche-Novartis v. Antitrust Authority, the State Council (the administrative court of second instance, which has exclusive jurisdiction on antitrust cases) recently issued a hallmark decision (4990/2019) addressing a long-debated thorny issue: the breadth of the administrative court's judicial review of the facts underlying antitrust fines imposed by...

The Situation: Under the new Italian framework, class actions will no longer be limited to consumer protection matters, and collective redress may be sought through simplified proceedings. The Developments: A recently proposed European directive aims at creating a horizontal EU approach to collective redress in consumer harm situations. The new Italian law not only matches the objectives of...

On January 10, 2019, the Italian government approved the Code for Distress and Insolvency (Codice della Crisi d’Impresa e dell’Insolvenza—the "CDI") as part of Legislative Decree No. 14 of 2019, to replace the Italian Bankruptcy Law of 1942. With certain exceptions, the CDI will enter into force on August 14, 2020, unless amended by the Italian Parliament prior to the effective date.

The Situation: After joining the Blockchain Partnership and setting up a task force dedicated to digital innovation, Italy enacted a set of rules establishing an overarching legal foundation for the validity and enforceability of distributed ledger technologies ("DLTs") and smart contracts. The Result: New rules provide for: (i) legal definitions of DLTs and smart contracts; (ii) legal validity...

The Situation: The Legislative Decree 101/2018 ("Harmonization Decree") harmonizes the Italian data protection laws with the General Data Protection Regulation (EU) 679/2016 ("GDPR") provisions. It was enacted and became effective on September 19, 2018. The Result: The Harmonization Decree extensively modifies and supplements the Italian Privacy Code to render it compliant with the GDPR.

The Situation: On January 31, 2018, the Italian Supreme Court ruled on the first Italian product-related class action promoted by a consumers' association. The Result: The Court upheld the consumer's class action claim regarding the unlawful advertising of a medical device. Looking Ahead: The decision might cause Italian courts to further enhance the consumers' position in class action...

The Situation: Recent foreign investments in Italian blue chips led the Italian government to intervene to protect strategic assets. The Result: Decree 148/2017 introduced new disclosure requirements regarding stakebuilding in Italian listed issuers and strengthened the Italian government's "golden powers" in relation to foreign investment in strategic industries.

The Situation: In July 2016, the Market Abuse Regulation ("MAR") came into effect, introducing detailed requirements for EU listed issuers regarding disclosure of inside information, with a view to fighting market abuse. The Result: In October 2017, CONSOB issued a set of Guidelines providing Italian listed issuers operational guidance regarding the proper implementation of MAR disclosure...

The Background: On August 2, 2017, the Italian Parliament approved the Law on Market and Competition, which provided a new set of pre-merger filing thresholds. After publication of the law in the Official Gazette on August 14, 2017, the new thresholds entered into force on August 29, 2017.

The Situation: The Italian Competition Authority has closed an antitrust investigation into the alleged anticompetitive exchange of information by 16 operators in the long-term car rental market and their industry association.

Law no. 124 of August 4, 2017 ("Law 124") provides important new rules on financial leases in Italy. It introduces a statutory definition of "financial lease" and deals with the event of serious breach (grave inadempimento) by the lessee.

Legislative Decree No. 254 ("Decree") was approved by the Italian government on December 30, 2016, and implemented the European Union framework on the disclosure of nonfinancial and diversity information by certain large undertakings and groups (Directive 2014/95/EU of the European Parliament and of the Council of October 22, 2014, amending Directive 2013/34/EU).

On June 15, 2017, the Italian Parliament approved the Conversion Law of Decree no. 50 of April 25, 2017 ("Conversion Law"). The Conversion Law includes a review of the legal framework applicable to Italian securitization transactions. The Conversion Law provides for significant changes aimed at attracting new investments and facilitating the disposal of distressed claims ("crediti deteriorati") (i

The Italian government has enacted Law Decree no. 50 ("Decree 50"), providing a set of new tax measures aimed at, among other things, attracting investments in Italy. Decree 50 was finally approved by the Italian Parliament on June 15, 2017....