Last September 23, the four Decrees of Jobs Act were finally published in the Italian Official Gazette, including the controversial Legislative Decree. N. 151/2015, amending Article 4 of the Workers’ Statue on the remote controls by means of electronic devices, with important implications for the corporate compliance.
On September 23, 2015, the four Legislative Decrees implementing the powers granted to the Italian Government by means of Law No. 183/2014 (so-called “Jobs Act”) has been published on the Italian Official Gazette.
In particular, the new rules referred to in Legislative Decree No. 151/2015, concerning the employees’ remote control by means of electronic devices, bring certain profiles of innovation through the introduction of the purposes of corporate assets’ protection, the installation of tools such as cameras, and the deregulation of employees’ access and presence’s control tools.
The new text introduced with the Jobs Act reform clarifies, among others, that the personal data collected by means of remote monitoring systems – as set out above – may be lawfully processed only if, on the one hand, the employees have been informed in detail in respect of how such tools are used and controls are carried out by the company and, on the other hand, full compliance is ensured by the employer with the Legislative Decree No. 196/2003 (the “Italian Privacy Code”).