03/11/2016 - EU CASE LAW: THE LAW GOVERNING THE PROCESS OF PERSONAL DATA OF CUSTOMERS

On July 28, 2016, the European Court of Justice rendered an award interpreting article 4 (1) (a) of Directive 95/46 (EU Data Protection Directive). According to the ECJ, this article must be interpreted as meaning that the processing of personal data carried out by an undertaking engaged in electronic commerce is governed by the law of the Member State to which that undertaking directs its activities, if it is shown that the undertaking carries out the data processing in question in the context of the activities of an establishment situated in that Member State.

It is for the national court to ascertain whether that is the case (http://curia.europa.eu/juris/document/document.jsftext=&docid=182286&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=141292).

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Sondra Faccio

03/11/2016 - CONDITION OF RECIPROCITY - CORPORATE OFFICES IN ITALY

Bilateral Investment Treaties ratified by the Italian State might rule out the application of the condition of reciprocity (article 16 preleggi) in case of assumption of corporate offices by foreign investors.

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03/11/2016 - ITALIAN CASE LAW: ABUSIVE EXPLOITATION OF ECONOMIC DEPENDENCE AND UNFAIR COMPETITION

The Tribunal of Milan condemned a very famous U.S. multinational corporation specialized in Internet-related services and products to pay 10 million damages to an Italian company working in the same field. The award is based on the U.S. multinational's unfair competition and on its abusive exploitation of the Italian company's economic dependence. The U.S. multinational failed to pay the Italian Company for advertising activities.

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