Before the Legislative Decree 101/2018 (the official text can be found at the following address: http://www.gazzettaufficiale.it/eli/id/2018/09/04/18G00129/sg.) capture us totally, I report herebelow the extremes of two recent and relevant judgments published during the summer, and concerning to areas of particular interest for those working daily with Data Protection – that is, the scope of marketing through newsletters as well as video surveillance
Here are the references:
1) Cass. Civ., Sez. I civil, Sent n. 17278/2018 – related to the Newsletter, e-mail advertising and consent.
2) Cass. Pen. Sez 3 pen, Sent. n. 38882 – concerning the worker’s consent to the installation of a video surveillance system (which) does not release from the responsibility the employer who did not request the appropriate authorization.
Both judgments refer to events that took place during the validity of the Legislative Decree n. 196/03 in its previous version but are compliant with GDPR and give very useful determinations in relation to consent.