As known, on August 7, 2012, the Italian Parliament approved the Law no. 134, which converted into law the Decree no. 83/2012, of June 22, 2012 (the “Law”). Amongst the other things, Article 24-bis of the Law provides for certain specific requirements applying to those companies which plan to transfer the call centre activities outside Italy, or which already run call centre activities abroad – please, note that the call centre activities’ transfer abroad has to be deemed as a transfer outside the EU.
The Law applies to companies having at least 20 employees and expressly establishes to:
- make a communication, at least 120 days before the transfer, to the Italian Ministry of Labour and Social Affairs, by also providing this Ministry with details of the workers involved in the transfer;
- make a communication to the Italian Data Protection Authority (the “IDPA”), by providing information with regard to the measures put in place for purposes of compliance with the national legislation;
- preliminary specify to the subjects doing a call to or receiving a call from the call centre where the operator is located and, only in case of inbound calls, allow them to choose to be assisted by an operator located in Italy.
In light of the strict requirements established by the Law above, the Italian Ministry of Economic Development (Ministero dello Sviluppo Economico – the “MISE”) has recently carried out a series of checks between December 2014 and January 2015. As a result, the MISE founded a huge quantity of breaches of the Law, with particular reference to the data protection profiles.
As a consequence, the MISE will fine the companies acting in breach of the Law, by applying the administrative fine provided for by Paragraph 6, of Article 24-bis of the Law, equal to EUR10,000 for each day of non-compliance.
Please note that, by means of the resolution no. 444/2013, in addition to the Law, the IDPA has issued a set of mandatory requirements that the data controllers have to comply with in order to carry out a lawful data processing of the data subjects.