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Tonucci & Partners has extensive experience in the data protection sector.
Specialized services involve:
- 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.).
- 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.
- 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:
- Carried out by electronic communication and information services
providers.
- Required for social security or for employment management purposes.
- Carried
out for direct marketing or for sending advertising material, or to accomplish
market research or interactive commercial communication
or
for commercial information purposes.
- Carried out in private information
systems to allow shopping credit, or to evaluate reliability and punctuality
of payments.
- Carried out on personal data coming from archives, registries,
lists, acts or document hold by public entities.
- Carried out through
automatic image-gathering systems ("video-surveillance").
- Carried
out while performing journalistic activities (the relative deontological
code is reproduced in the Annex A of the Data Protection
Code).
- Carried out for historical or scientific research purposes
(the relative deontological code is reproduced in the Annex A of the
Data
Protection
Code).
- Carried out for statistical purposes (the relative deontological
code is reproduced in the Annex A of the Data Protection Code).
- 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.).
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.).
- 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.
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