This issue of our TMT Bites is dedicated to “privacy case law” and includes interesting contributions and precedents from various jurisdictions. Enjoy and stay tuned for more updates!

If you have any questions, ask our team or send an e-mail to tmtbites.italy@dentons.com

Focus on

About a recent enforcement decision of the Italian DPA: lessons learned

The Italian Data Protection Authority Autorità Garante per la Protezione dei Dati Personali recently issued a very significant sanction against a telco operator, for certain unlawful personal data processing, mostly related to marketing activities.

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The consent dilemma: is an SMS requesting consent to send marketing itself a form of marketing that requires consent? The Italian courts’ different view

The Court of Rome was recently asked to address the resolution no. 437 of October 27, 2016 by the Italian Autorità Garante per la Protezione dei Dati Personali regarding the sending of text messages in order to gather the data subjects’ consent to processing for marketing purposes. 

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Other articles

Very expensive cookies

The Belgian Data Protection Authority has become the first European Data Protection authority to impose a fine for having a non-compliant cookie policy by fining the Belgian legal website Jubel.be €15,000 (approximately 10% of annual profits). The age of effective cookie regulations and GDPR enforcement has started, so make sure that your website is compliant!

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Important information for those whose websites and applications use tracking mechanisms

Agencia Española de Protección de Datos (AEPD), the Spanish data protection authority, took an important decision which can have bearing on the future of the online advertising sector, the business model of web portals as well as on producers of applications that use tracking mechanisms.

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Data Protection – "Proper due diligence"

The UK's data protection regulator, the ICO, intends to fine Marriott International, Inc £99.2 million. This proposed fine arises from a cyber-incident which affected Starwood hotels from 2014 to 2018. Marriott bought Starwood hotels in 2016 while the incident was ongoing.

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Recent privacy case law update in China

The recent cases concerning privacy protection and data-related unfair competition in China touch upon a wide variety of novel and yet controversial issues from point of law.

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Silent Cyber - Recent court decision considers whether data is insurable tangible property loss

A federal district court has ruled that a property insurance policy could provide coverage for replacement of a business’s computer system that was damaged by a cyber-attack, even though the policy did not explicitly address cyber. Insurers and policyholders alike should take note of this decision because it demonstrates what the insurance industry calls “silent cyber” -- where there is cyber-insurance coverage despite the policy not contemplating or being designed to cover those risks. Here, a property insurance policy, which typically only covers tangible property, was interpreted to provide coverage for damage resulting to data and software that are more commonly understood to be intangible property.

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ICO imposes maximum pre-GDPR fine on major UK retailer: cybersecurity lessons for retailers (and other organisations)

Last month the Information Commissioner's Office, the UK data protection regulator, imposed a monetary penalty notice of £500,000 on electronics retailer DSG Retail Limited, a company better known by its trading brands, such as Currys PC World and Dixons Travel. DSG is a subsidiary of Dixons Carphone plc.

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Hot topics

Digital breakfast Dentons Augmented reality and law

This year Dentons will again take part in the Milano Digital Week and we are delighted to invite you to our event Digital Breakfast @Dentons on “Augmented reality and law”. The event will be held in Milan on March 12, 2020.

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