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Italy Struggles to Reshape Data Protection Rules – State of Play & Possible Future Scenarios

It’s only a matter of weeks before the General Data Protection Regulation (GDPR) will finally apply. Its adoption by the European Parliament in April 2016, after a four year long legislative process, can be considered as one of the most important achievements for data protection and privacy regulations at European level.

As widely known, the GDPR will come into force on 25 May 2018 and will repeal the existing Data Protection Directive 95/46/EC, thus creating a single and homogeneous regulation with regard to the processing of EU citizens’ personal data.

The GDPR, as a regulation, will not require national implementations by Member States and will automatically apply once in effect. Nonetheless, this does not automatically imply that the data protection legislation will be exactly the same across the European Union. Member States are not only called upon to modify their existing regulations to ensure full harmonization with the GDPR, but also have the power to make some modifications to it. In fact, over 50 opening clauses of the GDPR allow Member States to introduce more restrictive rules for the implementation of various aspects of the GDPR.

This White Paper will focus on the most recent developments of Italian legislation for the creation of a new national framework on data protection, with particular attention to the amendments made to the Privacy Code towards the end of 2017 and the very recent draft legislative decree proposed by the Italian Government in March.

Emilia Assenza bio - Italy's Data Protection White PaperAuthor bio:

Emilia Assenza is a Regulatory Analyst with Compliance & Risks and keeps clients up to date on global regulatory developments, with a particular focus on data protection.

She graduated cum laude with a Master’s Degree in Law at University of Catania, Italy and holds a Postgraduate Diploma in Legal Professions. Emilia speaks Italian and English and has good competencies in Spanish, French and Portuguese.

Published: April 2018


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