Processing of employees' personal data: the ECJ on company agreements that limit the scope of the protection granted by the GDPR
28 March 2025
The discretion granted to national law and collective agreements, pursuant to section 88, paragraph 1 of Regulation No. 679/2016, in determining “more specific rules” that ensure the protection of rights and freedoms with regard to the processing of employees' personal data, does not prohibit the national judge hearing the case from carrying out a full […]
Indirect discrimination in case of determining the same grace period for disabled workers
28 February 2025
The Supreme Court's decision no. 170/2025 recognises the indirect discrimination in applying a uniform protected period to disabled and non-disabled workers. With decision no. 170 of January 7th, 2025, the Italian Supreme Court reiterated that applying a uniform grace period to all employees, without considering the specific condition of disabled workers, constitutes indirect discrimination against […]International posting and residence permit: hosting Member States’ prerogatives according to the EU Court of Justice
4 February 2025
In its judgment in Case C-540/22, the Court of Justice of the European Union (CJEU) clarified that Article 56 of the Treaty on the Functioning of the European Union (TFEU), which governs the free movement of services, does not prevent a Member State from requiring to companies established in another Member State to comply with […]In case of a non-complete risk-assessment document, the liability for injuries rests with the employer and not the safety delegate
29 November 2024
In the case of a worker's injury, the criminal section of the Italian Supreme Court stated, through its judgement no. 39168/2024, the liability lies with the employer and not with the executive delegated to safety if said event was not foreseen and evaluated in the Risk Assessment Document. With Judgment no. 39168 of October 25th, […]
