And now some self promotion! I’m pleased to announce that I passed the final exam of the Master course as Data Protection Officer, held in Torino in 2013 and co-organized by the well known law firm ICT Legal Consulting and by Unolegal.
The Master title achieved – centered on te legal aspects of data protection under the present Italian legal framework (dlgs. 196/2003) and on the upcoming EU regulation on data protection, certifies my continuous commitment in the field of TMT law.
Thanks to all those who supported this effort and a special thanks to Lessicom, who was essential in helping me achieving this result!
In these last days of 2013, the Italian Uffici del Territorio dell’Agenzia delle Entrate (Real Estate division of the Inland Revenues) are performing a mass operation of reclassification of real estate values, in order to reconcile the (alleged) market value of estates to the nominal value they have for administrative purposes. (for an opinion on this matter see this article by Giuseppe Marino –>here)
Unfortunately, the operation is conducted in automatic mode. This implies that all notices of reclassification served in these days have practically the same declared motives and therefore… are potentially void.
In fact, the automatic reclassification is based only on a presumptive value. The Corte di Cassazione, on the other hand, in its decision n. 22557/2008, has clearly ruled in favour of the existence of a right of the taxpayer to receive a classification of his real estate that really reflects its value (even if lower than expected), so that he’s always allowed to prove that the value given is wrong.
The Corte di Cassazione has confirmed the decision of conviction against Anonymous activist Mr Gianluca Preite, by its decision nr. 50626/2013. The decision affirms that defendant is in fact guilty of unlawful access to information systems (article 615-ter of the (italian) Criminal Code), in conspiracy with other activists. Defendant had attempted a defense line based on the particular ideal value of the motives behind the gesture of Mr Preite. The Court (predictably) ruled against this argument: “more than the ideal values, the critical point is the existence of a shared plot with regard to the means to pursue the aims (for flattering and praiseworthy as they may be) that the group has assumed“.
It is however striking, in the Court’s decision, how attentively the high Judges have examined the motives. While, in fact, it is quite obvious that ideal motives, under Italian criminal law, may be such to operate as extenuating circumstances, (see, i.e. Cass. pen. 46306/2007 – published on Altalex), they cannot, per se, exclude the existence of the crime.
The blog starting today has a clear manifesto: sharing thoughts and (hopefully) useful tips in matter of International trade law, with a focus on technology and the Internet. Is this a novelty on the web? Yes, of course, nothing of this kind has ever been made before and, No, of course, there is plenty of information about new tech and the law around the web.
So why on earth should you read this specific legal blog? For the same reason why I write it: contributing to the Zeitgeist, sharing thoughts with potential readers (…an entire world of potential readers… amazing and ghastly) and collecting the tiles to compose new legal solutions.
The blog will be centered on Italy, admittedly. This is quite self-explanatory, since I am an Italian lawyer; I will endeavour to keep it in English, but many contributions you’ll find here around will be in Italian or French of, rarely, German.
Now let’s start.