Home       Clients Area
    Versione italiana       Registered Users Area
    Areas of Practice
Data Protection
Corporate and Commercial
Banking, Finance, Insurance
Telecommunications & Multimedia
ICT & Internet Law
Energy, Environmental and Public Services
Intellectual and Industrial Property
  Articles and Publications
  Conferences
  Juridical Resources
  Links
  Contact the Department
Taxation
Administrative Law, Tenders and Real Estate
Employment and Immigration
UE and Antitrust Law
Sports and Gambling
Eastern Europe
Litigation and Arbitration
Criminal Law
Domain Names Disputes
 

Tonucci & Partners has extensive experience in the data protection sector. Specialized services involve:
  1. Revision of company policies to conform personal data processing to the provisions set out in the Legislative Decree 30 June 2003, n. 196, implementing the Unified Text of legislative provisions on personal data protection issues (the so called "Data Protection Code") which replaced from 1 January 2004 the Law 675/1996. The range of assistance is all-inclusive and covers data processing issues in particular sectors (public, health-care, judiciary, journalistic, labor and social welfare, electronic communications, etc.).

  2. Legal assistance to conform data processing policies to the General Authorizations issued by the Data Protection Authority ("Garante") in reference to sensitive data protection for special categories of Data Controllers. The Tonucci & Partners offers also specialized services to public and private health-care institutes and to medical-sanitary professionals who need to review their internal data processing policies for sensitive data that could unveil people's health status (including genetic data) and sex life.

  3. Legal assistance to ensure that data processing modalities stick to the sector's deontological codes adopted by special categories of Data Controllers relatively to special data processing:
    1. Carried out by electronic communication and information services providers.
    2. Required for social security or for employment management purposes.
    3. Carried out for direct marketing or for sending advertising material, or to accomplish market research or interactive commercial communication or for commercial information purposes.
    4. Carried out in private information systems to allow shopping credit, or to evaluate reliability and punctuality of payments.
    5. Carried out on personal data coming from archives, registries, lists, acts or document hold by public entities.
    6. Carried out through automatic image-gathering systems ("video-surveillance").
    7. Carried out while performing journalistic activities (the relative deontological code is reproduced in the Annex A of the Data Protection Code).
    8. Carried out for historical or scientific research purposes (the relative deontological code is reproduced in the Annex A of the Data Protection Code).
    9. Carried out for statistical purposes (the relative deontological code is reproduced in the Annex A of the Data Protection Code).

  4. Legal assistance in drafting deeds and "privacy models" (even web related) according to Data Protection Code provisions (Informative, agreement formulas if required, appointment of data processing responsible and/or Data Processor, "privacy policy" model formulas for web sites, deeds of appointment of the Italian representative of a foreign Data Controller, filling out data processing advance notification forms, when required according to the article 37 of the Code, etc.).

  5. Assistance in administrative procedures as set out in the Data Protection Code, especially for notification in advance of data processing (when required according to the article 37 of the Data Protection Code) to be carried out with electronic means and submitted with electronic signature.

  6. Legal assistance for the alignment of data processing with the minimum security measures set out in articles 31-36 of the Personal Data Protection Code and in the Technical Disciplinary for minimum security measures (Annexed B of the Personal Data Protection Code). The assistance focuses also on the adequacy evaluation of company's security measures, and includes advice in drafting the Computer Security Program Document required in case of sensitive and/or judicial data processing performed with electronic instruments.

  7. Assistance in eventual ordinary litigation, both for penal or civil proceedings (i.e. request of compensation for "damage from personal data processing"), in case of violation of the Data Protection Code's rules.

  8. Legal assistance in administrative proceedings with reference to claims to be presented to the Garante (Authority) for violations of concerned people rights and to the representation of Clients before the Garante.

  9. Model-contracts whose object is personal data exchange and data transfer to extra-EU third Countries in compliance with the standard contractual clauses issued by the European Union following the Decision of the European Commission of 27 December 2001 n. 2002/16/EC. The assistance provided in such area covers all needs arising from the cross-border transfers of personal data, especially for internet based activities, and focuses also on transfer of personal data abroad to non-EU Member States in compliance with sector's agreements (i.e. "Safe Harbor agreement" between EU and United States) and with the General Authorizations issued by the Garante and the EU Commission for data transfer toward third countries.

  10. Legal assistance in personal data processing matters represented by images (i.e. video-surveillance), sounds or multimedia elements (i.e.: processing of data sent via SMS or MMS, etc.).

  11. Legal assistance in personal data processing matters performed through electronic communication networks (i.e. Internet, telephony, mobile phones, Wi-Fi technologies, terrestrial digital TV, etc.). The assistance in such area refers to the discipline contained in the Title X of the Data Protection Code ("Electronic Communication") that has transposed the Directive 2002/58/EU on data protection over networks and in the electronic communication services field. Furthermore, Tonucci & Partners provides assistance related to personal data protection issues connected to other directives (i.e., among the others: Legislative Decree 14 April 2003, n. 70 on the information society services, in reference to unsolicited commercial communications via e-mail) and offers specialized services aimed to guarantee a fair data processing over the Internet or other technology platforms used in connection with client's activities.

Finally, Tonucci & Partners assists Clients on Data Protection policies enforced in other countries.


 
General Conditions - Disclaimer Copyright - Privacy Policy - Contacts - WebMail - Credits
© Tonucci & Partners 2006 - P. IVA 05008211004