Commercial

New regulatory requirements: impact on outsourcing / IT contracts

The so called Tax Decree (Law no. 157/2019 of 19 December 2019 implementing Law Decree no. 124/2019) introduced new regulatory requirements for services agreements that will have an impact on outsourcing and IT contracts as well as on those contracts where a considerable amount of manpower is utilized (e.g. logistics, maintenance services, etc.). The new rules apply as of January 1, 2020 and require (i) immediate attention due to the sanctions potentially applicable as well as (ii) changes to contracts (including those currently in place) and (iii) adoption of new internal procedures. In a nutshell, the Tax Decree provides that: …

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Nuovi obblighi in tema di appalti

Il c.d. Decreto Fiscale (Decreto Legge. n. 241/1997 convertito con Legge n. 157/2019) ha introdotto sostanziali novità in tema di appalti. Si tratta di una riforma che richiede immediata attenzione per le conseguenze sanzionatorie in capo a committente e appaltatore nonché modifiche ai contratti in essere e da stipulare e l’adozione di nuove procedure interne. Le nuove norme si applicano infatti a decorrere dal 1 gennaio 2020. Avrà certamente un impatto sui contratti per servizi IT, di outsourcing e in settori con grande impiego di manodopera (ad esempio, il settore della logistica, servizi di manutenzione, ecc.). In particolare, è previsto …

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FinTech: Who is responsible if AI makes mistakes when suggesting investments?

The recently reported legal action brought for damages due to wrong investments resulting from algorithms-based automated decision-making processes is one of the first known cases of this type. The case has received some attention from the media worldwide and has contributed to reopen the debate on the issue of liability connected to the use of Artificial Intelligence systems (“AI”). The question at issue is, in brief: who is held liable for the damages caused by AI and who shall compensate such damages, if any.

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The Pros and Cons of the new EU Geo-Blocking Regulation

Everyone knows that State frontiers were a serious challenge to the exchange of products and services within the European Union. Then, after reaching the so-called Schengen acquis, Member States managed to tear down internal borders and ensure a well-functioning circulation of products over the Union. The new EU Geo-Blocking Regulation is a further step towards the freedom of services throughout the European Union.

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#Adv or not #Adv? This is the question.

On 26 June 2018, the Italian Advertising Authority (IAP) took a step further on online advertising and issued one of its first decisions based on the Digital Chart and art. 7 of the Advertising Self-Regulatory Code (the “Code”). The case was about some Instagram Stories and a picture published by the Italian singer Fedez on the occasion of the International Tennis Cup displaying some cars and emphasizing some of their functions, like the massage in the seats.

Influencers: from the spotlight to the eye of the storm!

Influencers and brands have no way out: advertising shall be clearly recognizable as such and this true also with regard to any communication addressed to the netizens. Following FTC and ASA’s guidelines, this topic has been also into the Italian Authorities’ sights lately and several actions have been taken to regulate the phenomenon of influencer marketing.

New deal for consumers #2: online platforms should be transparent!

As mentioned in our previous post, the European Commission has recently launched the “New Deal for Consumers”, a new package of initiatives aimed at strengthening consumer rights and harmonizing consumers laws across the European Union. This article is just the first piece of a puzzle of posts that we will publish on the main innovations that the new consumers package will introduce. Our analysis will start from the proposal for a directive on better enforcement and modernization of EU consumer protection (“Proposal 1”).

New guidelines for EU Financial Institutions moving to Cloud Computing

Prompted by the increasing interest for the use of cloud outsourcing solutions within the banking industry, the European Banking Authority (“EBA“) has recently issued the final recommendations on the use of cloud service providers by financial institutions (“Recommendations“), which will be applicable as of 1 July 2018.