ITALY BACKGROUND CHECK

There are reasons to justify, why verification services are necessary in every state. First one is that the recruiters do sometimes scrutinize wrong candidate which is bad for the organization and they have to face consequences in result of which company will lose its reputation. For that reason only, professional background screeners are serving out to coup up with the difficult situations. Background verifications in Italy are giving hands to the corporations and saving the risk which is their in front of them. The fear of services is that the employees are bound to obey rules and regulation in which their association has framed in return there will be less chances of mistakes done on their part.

The impact of these services is so immense that organizations do fear to commit it again. It’s just the curtailment of the risk from the management and suggest them how to manage the affairs of the recruitments. The background verification services in Italy are explicitly performing great with fewer chances of errors committed by the employees. Services are enjoyed by all over Italy along with Bari, Bologna, Catania, Florence, Genoa, Milan, Messina, Naples, Padova, Palermo, Rome, Trieste, Turin, Venice and Verona. For any other problem do visit our website info@backcheckgroup.com and we will be happy to revert back to you.

General Information

GDP USD2.144bn (World ranking 8, World Bank 2014)
Population 61.34 million (World ranking 23, World Bank 2014)
Form of state Republic
Head of government Matteo RENZI
Next elections 2018, legislative

 

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PRODUCTS IN ITALY

Data Protection

Contribution Details

Giangiacomo olivi

Partner

Stefania Baldazzi

Associate

Gianluigi Marino

Associate

Law

The Italian law applicable on privacy issues is the Legislative Decree no. 196 of 30 June 2003 (“Codice in materia di protezione dei dati personali”, the “Privacy Code”). The Privacy Code implements Directives 46/1995/EC and 58/2002/EC.

Definition of Personal Data

Pursuant to section 4 of the Privacy Code, “personal data” shall mean any information relating to individuals who are or can be identified, even indirectly, by reference to any other information including a personal identification number.

Definition of sensitive Personal Data

Pursuant to Section 4 of the Privacy Code, “sensitive data” shall mean personal data allowing the disclosure of racial or ethnic origin, religious, philosophical or other beliefs, political opinions, membership of parties, trade unions, associations or organizations of a religious, philosophical, political or trade unionist character, as well as personal data disclosing health and sex life.

National Data Protection Authority

Garante per la protezione dei dati personali (the “Garante”).

Registration

Pursuant to Section 37 of the Privacy Code, a data controller shall notify the processing of personal data he/she intends to perform exclusively if said processing concerns:

  • genetic data, biometric data, or other data disclosing geographic location of individuals or objects by means of an electronic communications network;
  • data disclosing health and sex life where processed for the purposes of assisted reproduction, provision of health care services via electronic networks in connection with data banks and/or the supply of goods, epidemiological surveys, diagnosis of mental, infectious and epidemic diseases, seropositivity, organ and tissue transplantation and monitoring of health care expenditure;
  • data disclosing sex life and the psychological sphere where processed by not-for-profit associations, bodies or organizations, whether recognized or not, of a political, philosophical, religious or trade-union character;
  • data processed with the help of electronic means aimed at profiling the data subject and/ or his/her personality, analyzing consumption patterns and/or choices, or monitoring use of electronic communications services except for such processing operations as are technically indispensable to deliver said services to users;
  • sensitive data stored in data banks for personnel selection purposes on behalf of third parties, as well as sensitive data used for opinion polls, market surveys and other sample based surveys;
  • data stored in ad hoc data banks managed by electronic means in connection with creditworthiness, assets and liabilities, appropriate performance of obligations, and unlawful and/or fraudulent conduct.

Data Protection officers

There is no legal requirement in Italy for organizations to appoint a data protection officer.

Collection and Processing

As a general rule, processing of personal (non sensitive) data by private entities or profit seeking public bodies is only allowed if the data subject gives his/her express consent (Section 23 of the Privacy Code).

The data subject’s consent is deemed to be effective if it is given freely and specifically with regard to a clearly identified processing operation, if it is documented in writing, and if the data subject has been provided with a privacy information notice compliant with section 13 of the Privacy Code. Nevertheless, pursuant to Section 24 of the Privacy Code, consent is not required if the processing of personal (non sensitive) data:

a) is necessary to comply with an obligation imposed by a law, regulations or EU legislation;

b) is necessary for the performance of obligations resulting from a contract to which the data subject is a party, or else in order to comply with specific requests made by the data subject prior to entering into a contract;

c) concerns data taken from public registers, lists, documents or records that are publicly available, without prejudice to the limitations and modalities laid down by laws, regulations and EU legislation with regard to their disclosure and publicity;

d) concerns data relating to economic activities that are processed in compliance with the legislation in force as applying to business and industrial secrecy;

e) is necessary to safeguard life or bodily integrity of a third party. If this purpose concerns the data subject and the latter cannot give his/her consent because (s)he is physically unable to do so, legally incapable or unable to distinguish right and wrong, the consent shall be given by the entity legally representing the data subject, or else by a next of kin, a family member, a person cohabiting with the data subject or, failing these, the manager of the institution where the data subject is hosted;

f )  is necessary for carrying out the investigations by defence counsel referred to in Act no. 397 of 07.12.2000, or else to establish or defend a legal claim, provided that the data are processed exclusively for said purposes and for no longer than is necessary therefore by complying with the legislation in force concerning business and industrial secrecy, dissemination of the data being ruled out;

g) is necessary to pursue a legitimate interest of either the data controller or a third party recipient in the cases specified by the grantee on the basis of the principles set out under the law, unless said interest is overridden by the data subject’s rights and fundamental freedoms, dignity or legitimate interests, dissemination of the data being ruled out;

h) except for external communication and dissemination, is carried out by non profit associations, bodies or organizations, recognized or not, with regard either to entities having regular contacts with them or to members in order to achieve specific, lawful purposes as set out in the relevant memorandums, articles of association or collective agreements, whereby the mechanisms of utilization are laid down expressly in a resolution that is notified to data subjects with the information notice provided for by Section 13 of the Privacy Code;

is necessary exclusively for scientific and statistical purposes in compliance with the respective codes of professional practice referred to in Annex A) of the Privacy Code, or else exclusively for historical purposes in connection either with private archives that have been declared to be of considerable historical interest pursuant to Section 6(2) of legislative decree no. 499 of 29 October 1999, adopting the consolidated statute on cultural and environmental heritage, or with other private archives pursuant to the provisions made in the relevant codes;

j) concerns information contained in the CVs as per Section 13(5 bis) of the Privacy Code;

k) except for dissemination and subject to Section 130 hereof, concerns communication of data between companies, bodies and/or associations and parent, subsidiary and/or related companies pursuant to Section 2359 of the Civil Code, or between the former and jointly controlled companies, or between consortiums, corporate networks and/or corporate joint ventures and the respective members, for the administrative and accounting purposes specified in Section 34(1 ter) of the Privacy Code, providing such purposes are expressly referred to in a decision that shall be disclosed to data subjects jointly with the information notice referred to in Section 13 of the Privacy Code.

Sensitive data may only be processed with the data subject’s written consent and the Garante’s prior authorization, by complying with the prerequisites and limitations set out in this Code as well as in laws and regulations, unless:

a) the data concerns members of religious denominations and entities having regular contact

with said denominations for exclusively religious purposes, on condition that the data are processed by the relevant organs or bodies recognized under civil law and are not communicated or disseminated outside said denominations. The latter shall lay down suitable safeguards with regard to the processing operations performed by complying with the

relevant principles as set out in an authorization by the Garante;

b) the data concerns affiliation of trade unions and/or trade associations or organizations to other

trade unions and/or trade associations, organizations or confederations;

c) the data contained in CVs under the terms set forth in Section 13(5 bis) of the Privacy Code. Sensitive data may also be processed without consent, subject to the Garante’s authorization:

  • if the processing is carried out for specific, lawful purposes as set out in the relevant memorandums, articles of association or collective agreements by not for profit associations, bodies or organizations, whether recognized or not, of political, philosophical, religious or trade unionist nature, including political parties and movements, with regard to personal data concerning members and/or entities having regular contacts with said associations, bodies or organizations in connection with the aforementioned purposes, provided that the data are not communicated or disclosed outside and the bodies, associations or organizations lay down suitable safeguards in respect of the processing operations performed by expressly setting out the arrangements for using the data through a resolution that shall be made known to data subjects at the time of providing the information under Section 13 of the Privacy Code;

if the processing is necessary to protect a third party’s life or bodily integrity. If this

purpose concerns the data subject and the latter cannot give his/her consent because (s)he

is physically unable to do so, legally incapable or unable to distinguish right and wrong, the consent shall be given by the entity legally representing the data subject, or else by a next of kin, a family member, a person cohabiting with the data subject or, failing these, the manager of the institution where the data subject is hosted;

  • if the processing is necessary for carrying out the investigations by defence counsel referred to in Act no. 397 of 07.12.2000, or else to establish or defend a legal claim, provided that the data are processed exclusively for said purposes and for no longer than is necessary therefor. Said claim must not be overridden by the data subject’s claim, or else must consist in a personal right or another fundamental, inviolable right or freedom, if the data can disclose health and sex life; or
  • if the processing is necessary to comply with specific obligations and/or tasks laid down by laws, regulations or Community legislation in the employment context, also with regard to occupational and population hygiene and safety and to social security and assistance purposes, to the extent that it is provided for in the authorization and subject to the requirements of the code of conduct and professional practice referred to in Section 111 of the Privacy Code.

The Guarantee has issued general authorizations for the processing of sensitive data.

Transfer

The data controller, may freely transfer personal data among the EU Member States. Such transfer can only be prohibited when it is made for the purposes of avoiding the measures that would be applied pursuant to the Privacy Code.

Personal data that is the subject of processing may be transferred from the State’s territory to countries outside the European Union, temporarily or not and in any form and by any means whatsoever:

  • if the data subject has given his/her consent either expressly or, where the transfer concerns sensitive data, in writing;
  • if the transfer is necessary for the performance of obligations resulting from a contract to which the data subject is a party, or to take steps at the data subject’s request prior to entering into a contract, or for the conclusion or performance of a contract made in the interest of the data subject;
  • if the transfer is necessary for safeguarding a substantial public interest that is referred to by laws or regulations, or else that is specified in pursuance of Sections 20 and 21 of the Privacy Code where the transfer concerns sensitive or judicial data;
  • if the transfer is necessary to safeguard a third party’s life or bodily integrity. If this purpose concerns the data subject and the latter cannot give his/her consent because (s)he
  • is physically unable to do so, legally incapable or unable to distinguish right and wrong, the consent shall be given by the entity legally representing the data subject, or else by a next of kin, a family member, a person cohabiting with the data subject or, failing these, the manager of the institution where the data subject is hosted;
  • if the transfer is necessary for carrying out the investigations by defence counsel referred to in Act no. 397 of 07.12.2000, or else to establish or defend a legal claim, provided that the data are transferred exclusively for said purposes and for no longer than is necessary therefor in compliance with the legislation in force applying to business and industrial secrecy;
  • if the transfer is carried out in response to a request for access to administrative records or for information contained in a publicly available register, list, record or document, in compliance with the provisions applying to this subject-matter;
  • if the transfer is necessary, pursuant to the relevant codes of conduct referred to in Annex A) of the Privacy Code, exclusively for scientific or statistical purposes, or else exclusively for historical purposes, in connection with private archives that have been declared to be of considerable historical interest under Section 6(2) of legislative decree no. 490 of 29 October 1999, enacted to adopt the consolidated statute on cultural and environmental heritage, or else in connection with other private archives pursuant to the provisions made in said codes.
  • The transfer of processed personal data to a non-EU Member State shall also be permitted if it is authorized by the Guarantee on the basis of adequate safeguards for data subjects’ rights:
  • as determined by the Guarantee also in connection with contractual safeguards, or else by means of rules of conduct as in force within the framework of companies all belonging to the same group. A data subject may establish his/her rights in the State’s territory as set forth by this Code also with regard to non compliance with the aforementioned safeguards; or
  • as determined via the decisions referred to in Articles 25(6) and 26(4) of Directive 95/46/ EC of the European Parliament and of the Council, of 24 October 1995, through which the European Commission may find that a non EU Member State affords an adequate level of protection, or else that certain contractual clauses afford sufficient safeguards.

It is prohibited to transfer personal data that is the subject of processing from the State’s territory to countries outside the European Union, temporarily or not and in any form and by any means whatsoever, if the laws of the country of destination or transit of the data do not ensure an adequate level of protection of individuals.

Account shall also be taken of the methods used for the transfer and the envisaged processing operations, the relevant purposes, nature of the data and security measures.

Security

Personal data undergoing processing shall be kept and controlled, also in consideration of technological innovations, of their nature and the specific features of the processing, in such a way as to minimize, by means of suitable preventative security measures, the risk of their destruction or loss, whether by accident or not, of unauthorized access to the data or of processing operations that are either unlawful or inconsistent with the purposes for which the data have been collected.

Processing personal data by electronic means shall only be allowed if the minimum security measures referred to below are adopted in accordance with the arrangements laid down in the technical specifications as per Annex B to the Privacy Code:

  • computerized authentication;
  • implementation of authentication credentials management procedures;
  • use of an authorization system;
  • regular update of the specifications concerning scope of the processing operations that may be performed by the individual entities in charge of managing and/or maintenance electronic means;
  • protection of electronic means and data against unlawful data processing operations,
  • unauthorized access and specific software;
  • implementation of procedures for safekeeping backup copies and restoring data and system availability;
  • keeping an up to date security policy document (exceptions to this duty are provided for by the Privacy Code);
  • implementation of encryption techniques or identification codes for specific processing operations performed by health care bodies in respect of data disclosing health and sex life.
  • Processing personal data without electronic means shall only be allowed if the minimum security measures referred to below are adopted in accordance with the arrangements laid down in the technical specifications as per Annex B to the Privacy Code:
  • regular update of the specifications concerning scope of the processing operations that may be performed by the individual entities in charge of the processing and/or by the individual organizational departments;
  • implementing procedures such as to ensure safekeeping of records and documents committed to the entities in charge of the processing for the latter to discharge the relevant tasks; or
  • implementing procedures to keep certain records in restricted access filing systems and regulating access mechanisms with a view to enabling identification of the entities in charge of the processing.

Certain data controllers are allowed to implement simplified security measures.

Breach Notification

Legislative Decree No. 69/2012 (implementing the Directive 2009/12/EC) amended the Privacy Code provisions in relation to breach notification by introducing (i) the definition of “personal data breach” (meaning “a breach of security leading to the accidental destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored or otherwise processed in connection with the provision of a publicly.

available electronic communications service” – Section 4, par. 3, let. g-bis) and (ii) new

obligations in case of personal data breach.

In particular, in the case of a personal data breach, the provider of publicly available electronic communications services shall, without undue delay, notify the personal data breach to the Guarantee. When the personal data breach is likely to adversely affect the personal data or privacy of a contracting party or other individual, the provider shall also notify the subscriber or individual of the breach without undue delay.

Notification shall not be required if the provider has demonstrated that it has implemented appropriate technological protection measures, and that those measures were applied to the data concerned by the security breach. Such technological protection measures shall render the data unintelligible to any person who is not authorized to access it.

The notification to the contracting party or individual shall at least describe the nature of the personal data breach and the contact points where more information can be obtained, and shall recommend measures to mitigate the possible adverse effects of the personal data breach. The notification to the Guarantee shall, in addition, describe the consequences of, and the measures proposed or taken by the provider to address, the personal data breach

(Section 32-bis of the Privacy Code).

Enforcement

The Guarantee is authorized to investigate complaints and to impose sanctions. The Guarantee may also appoint experts, proceed with inspections, require to produce documents and to be granted access. In case of criminal actions, the Guarantee notifies the public prosecutor.

The Privacy Code provides for the following administrative sanctions:

  • providing no or inadequate information to data subjects shall be punished by a fine consisting in payment of between six thousand and thirty six thousand Euro (Section 161 of the Privacy Code);
  • processing personal data without the relevant data subject consent (if required) shall be punished by a fine consisting in payment of between ten thousand and one hundred and twenty thousand Euro (Section 162 of the Privacy Code);
  • processing personal data without submitting the notification to the Privacy Commissioner (if required) shall be punished by a fine consisting in payment of between twenty thousand and one hundred and twenty thousand Euro (Section 163 of the Privacy Code).

Where any of the violations referred to in Sections 161, 162 and 163 is less serious by having also regard to the social and/or business features of the activities at issue, the upper and lower thresholds set forth in the said sections shall be reduced to two-fifths thereof (Section 164-bis, par. 1 of the Privacy Code).

Where one or more provisions mentioned above are violated repeatedly, also on different occasions, in connection with especially important and/or large databases, an administrative sanction shall be applied as consisting in payment of a fine ranging from fifty thousand and three hundred thousand Euro (Section 164-bis, par. 2 of the Privacy Code).

In other, more serious cases, in particular if the prejudicial effects produced on one or more

data subjects are more substantial or if the violation concerns several data subjects, the

upper and lower thresholds of the applicable fines shall be doubled (Section 164-bis, par.

3 of the Privacy Code).

The fines referred above may be increased by up to four times if they may prove ineffective on account of the offender’s economic status (Section 164-bis, par. 4 of the Privacy Code).

The Privacy Code also provides for certain criminal sanctions.

Electronic Marketing

The Privacy Code (Section 130) does not prohibit the use of personal data for the pur pose of electronic marketing, but it requires the prior informed consent (opt-in) from the recipient of the communication. The use of automated calling or communications systems without human intervention for the pur poses of direct marketing or for sending advertising materials, or else for carrying out market surveys or interactive business communication, as well as electronic communications performed by e-mail, facsimile, MMS or SMS-type messages, shall only be allowed with the contracting party’s or user’s consent.

Electronic marketing communications shall clearly identify the sender and provide to the recipient all necessary information in order for him/her to eventually refuse the delivery of the direct marketing material (opt-out).

The possibility for the recipient to opt-out from marketing communication services must be guaranteed both during the first contact with the recipient and during any following communications.

Marketing communications by way of non-automated telephone calls are permitted provided that either (i) the data subject has given his prior consent or (ii) the number of the data subject is included in the telephone directory and (s)he has not entered in a public opt- out register (Registro delle Opposizioni) and opted out from being contacted for marketing pur poses.

Legislative Decree No. 69/2012 (implementing the Directive 2009/12/EC) amended the Privacy Code provisions relating to marketing and commercial communications by making reference to the “contracting party’s and user’s consent” rather than to the “data subject’s consent”, given that the definition of “data subject” has been recently amended so as to include only natural persons and exclude companies from the application of the Privacy Code, with the exceptions of electronic marketing provisions. Indeed, the Garante clarified that the provisions of the Privacy Code on marketing obligations still apply to companies as well (and not only to natural persons).

Online Privacy (including Cookies and Location Data)

The Privacy Code as amended by Legislative Decree No. 69/2012 (implementing the Directive 2009/12/EC) regulates the collection and processing of traffic data and location data by the provider of a public communications network or publicly available electronic communications service and the use of cookies.

According to Section 123 of the Privacy Code, traffic data shall be erased or made anonymous when they are no longer necessary for the pur pose of transmitting the electronic communication. However traffic data can be retained for a period not longer

than 6 months for billing and interconnection payments pur poses or, with the prior consent of the contracting party or user (which may be withdrawn at any time), for marketing electronic communications services or for the provision of value added services.

According to Section 126 of the Privacy Code, location data may only be processed if made anonymous or if the subscriber or user has been properly informed and (s)he has given her/ his prior consent (which can be withdrawn at any time).

According to Section 122 of the Privacy Code (which reflects recital 66 of the E-Cookies Directive 2009/136/EC and the amended Section 5, par. 3 of the Directive 2002/58/EC – as amended by Directive 2009/136/EC) the storing of information in the contracting party’s

or user’s computer is only allowed if said contracting party or user has been properly informed and (s)he has given her/his consent.

The Privacy Code states that the guarantee may determine certain simplified modalities to provide contracting parties or users with the information notice and to identify the most efficient and practical ways to implement the new obligations on cookies. For this

pur pose, the guarantee has recently launched a consultation with which it has also provided some FAQs that shed some light on the Garante’s general view on cookies. The guarantee confirmed its current trend to subject the cookies regulations to opt-in requirements, with limited exceptions, including analytics, authentication, flash players, “shopping baskets”. To better assess the cookies issue under Italian Law, we therefore need to wait for the Garante’s guidelines on cookies after the public consultation.

Art.1 Ratification of international instruments

1. The President of the Republic is authorized to ratify the following international instruments drawn up on the basis of art.3 of the Treaty on European Union : Convention on the protection of European Communities¡¯ financial interests, done in Brussels on 26 July 1995; First Protocol done in Dublin on 27 September 1996; Protocol concerning the preliminary interpretation, by the Court of Justice of the European Communities, of said Convention, with attached declaration, done in Brussels on 29 November 1996; Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union , done in Brussels on 26 May 1997 and OCDE Convention on combating bribery of foreign public officials in international business transactions, with annex, done in Paris on 17 December 1997.

Art.2 Entry into force at the international level
1. The international instruments which are referred to in article 1 are hereby fully enforceable starting from their entry into force, in pursuance of what is respectively provided for in each of them.

Art.3 Embezzlement, extortion by colour of office, bribery and incitement to bribery of the members .of the European Communities bodies and of the officials of the European Communities and of foreign States

1. After article 322 of the Criminal Code there shall be inserted the following:

Art.322-bis. (Embezzlement, extortion by colour of office, bribery and incitement to bribery of the members of European Communities bodies and of the officials of the European Communities and of foreign States).

The provisions of articles 314, 316, from 317 to 320 and 322, third and fourth paragraphs, shall also apply to:

1) the members of the Commission of the European Communities, of European Parliament, of the Court of Justice and of the Court of Auditors of the European Communities;

2) to officials and contracted agents within the meaning of the Staff Regulations of officials of the European Communities or the conditions of employment of agents of the European Communities;

3) any person seconded to the European Communities by the Member States or by any public or private body, who carries out functions equivalent to those performed by European Community officials or other agents;

4) to members and employees of bodies created on the basis of Treaties establishing European Communities;

5) to those who, within other Member States of European Union, carry out functions or activities equivalent to those performed by public officials or persons in charge of a public service.

The provisions of art.321 and 322, first and second paragraphs, shall also apply if the money or other advantages are given, offered or promised:

1) to persons which are referred to in the first paragraph of this article;

2) to persons carrying out functions or activities equivalent to those performed by public officials and persons in charge of a public service within other foreign States or public international organizations, when the offence was committed in order to procure an undue benefit for himself or others in international business transactions.

The persons indicated in the first paragraph are assimilated to public officials, when they carry out equivalent functions, and to persons in charge of a public service in all the other cases.

Art.322-ter (Confiscation) In the cases of conviction, or imposition of punishments upon request of the parties pursuant to art. 444 of the Code of Criminal Procedure, for any of the offences as per articles from 314 to 320, even if committed by the person who are referred to in article 322-bis, first paragraph, confiscation shall always be ordered of anything representing the price or the proceeds thereof, unless they belong to a person who has not committed the offence; if said confiscation is not possible, the confiscation of anything which the offender has at his disposal shall be ordered for a value corresponding to such price.

In the cases of conviction or impositions of punishment pursuant to article 444 of the Code of Criminal Procedure, for the offence as per article 321, even if committed as per art.322-bis, second paragraph, confiscation shall always be ordered of anything representing the proceeds thereof, unless they belong to a person who has not committed the offence; if said confiscation is not possible, the confiscation of anything which the offender has at his disposal shall be ordered for a value corresponding to said proceeds and, nonetheless, not inferior to that of money and of other advantages given or promised to a public official or to a person in charge of a public service or to other persons which are referred to in art.322-bis, second paragraph.

In the cases provided for in paragraphs 1 and 2, the judge, in the conviction shall also determine the sums of money or indicate the things to be confiscated as they represent the price or proceeds thereof or as they have a value corresponding to that of such proceeds or price of the offence.

2. After article 640-ter of the Criminal Code there shall he inserted the following:

Art. 640-quater. In the cases provided for in articles 640, second paragraph, point 1, 640-bis and 640-ter, second paragraph, apart from the case in which the fact was committed by abusing of the quality of operator of a system, the provisions as per art.322-ter, if applicable, are complied with.

Art.4 Misappropriation of public funds

1. After art. 316-bis of the criminal code there shall be inserted the following:

Art.316-ter. (Misappropriation of public funds). Unless the fact amounts to the offence as per art.640-bis, whoever, by using or producing declarations or false documents or documents containing false information, or by omitting compulsory information , unduly obtains , for himself or others, contributions, financial aids, soft loans or any other funds of the same kind, whatever their description, which are granted or assigned by the State, by other public authorities or by the European Communities, shall be liable to imprisonment for between six months and three years. When the sum unduly received is equal or inferior to 7.745.000 lire, only an administrative sanction providing for the payment of a sum of money from ten to five hundred million lire shall apply. The amount of said sanction shall not exceed the triple of the benefit obtained.

Art.5 Modifications to articles 9 and 10 of the criminal code
1. In article 9, third paragraph, of the criminal code, for the words: to the detriment of a foreign country, there shall be substituted the following:to the detriment of European Communities, of a foreign country.

2. In article 10, second paragraph, of the criminal code, for the words: to the detriment of a foreign country, there shall be substituted the following : to the detriment of European Communities, of a foreign country.

Art.6 Modifications to articles 32-quater and 323-bis of the criminal code

1. In article 32-quater of the criminal code, after the word 316-bis there shall be inserted the following : 31 6-ter, and after the word 322 there shall be inserted the following:

2. In article 323-bis of the criminal code, after the word 316-bisthere shall be inserted the following: 316-ter, and after the word 322there shall be inserted the following:
Art.11 Delegation to the government to regulate the administrative responsibility of legal persons and of bodies without legal personality

1. The Government of the Republic is hereby enabled to issue , within eight months from the entry into force of this law, a legislative decree in order to regulate the administrative responsibility of legal persons and of companies, associations, or bodies without legal personality which do not carry out constitutional functions, in accordance with the following principles and guidelines:

a) providing for the responsibility as regards the commission of offences set forth in the Criminal Code, articles 316-bis, 316-ter, 317, 318, 319, 319-bis, 319-ter, 320, 321, 322, 322-bis, 640, second paragraph, point 1, 640-bis and 640-ter, second paragraph, excluding the case in which the offence was committed by abusing of the quality of operator of a system.

b) same as concerns offences against public safety.

c) same as concerns offences implying infringements of prevention rules against labour accidents and sanitary conditions.

d) same as concerns the protection of environment.

e) providing that the entities listed in the first sentence of this paragraph shall be liable with regard to the offences committed, for their benefit or interest, by persons acting as representatives, directors or managers, de factor, or by persons exercising, even powers of management and control or by persons subject to the direction or control, of the said natural persons, when the commission of the offence has been made possible by the non- compliance with the duties connected with said functions; excluding the responsibility of those entities which are referred to in the first sentence of this paragraph when the offender has committed the offence exclusively in his own interest or in the interest of third parties;

f) providing for effective, proportionate and dissuasive administrative sanctions with regard to the entities provided for in the first sentence of this paragraph;

g) providing for an administrative pecuniary sanction not inferior to fifty million lire and not superior to three billion lire taking into account the amount of the proceeds of the offence and the patrimonial and economic conditions of the entity, with a view of fixing the amount of the sanction; providing that, when the fact is especially slight, the sanction to be applied shall not be inferior to twenty million lire and not superior to two hundred million lire; excluding [the possibility to obtain the benefit of] paying a [sanction of a] reduced amount;

h) providing that bodies shall be responsible for the payment of the pecuniary sanction within the limit of their common fund or of their total assets.

i) providing the confiscation of the proceeds or the price of the offence, even by means of a confiscation amounting to an equivalent value;

1) providing, in particularly serious cases, for the application of one or more of the following sanctions, in addition to the pecuniary sanctions:

1) Closing, even temporarily the factory or the place of business;

2) Suspension or revocation of authorizations, licences, or permissions instrumental to the commission of the offence;

3) Disqualification, even temporary, from carrying out the said activity and possible appointment of another person to carry out the said activity , as a substitute, when this is necessary in order to avoid damage to third parties;

4) Prohibition, even temporary, from dealing with the public administration;

5) Temporary exclusion from obtaining any allowances, fundings, contributions or aids, and possible revocation of those already granted;

6) Prohibition ,even temporary, from advertising goods and services.

7) Publication of the judgement;

m) providing that the administrative sanctions set forth in subheadings g), i), and 1) shall only apply in the cases and for the time expressly considered and with regard to the offences set forth in subheading a), b), c) and d) committed after the entry into force of the legislative decree provided for in this article;

n) providing that the pecuniary administrative sanction set forth in subheading g) shall be reduced by one third to the half and providing for the non-applicability of one or more sanctions set forth in subheading 1) as a consequence of the adoption by the persons indicated in the first sentence of this paragraph of a conduct ensuring an effective compensation or restoration with regard to the offence committed;

o) providing that sanctions set forth in subheading 1) shall also apply in connection with provisional measures, expressly specifying the conditions required therefor;

p) providing, in case of infringement of duties and prohibitions entailing the sanctions set forth in subheading 1), for imprisonment from between six months and three years for the natural person who has committed the offence; providing for the application of the sanctions set forth in subheadings g) and i) or, in the most serious cases: the application of one or more sanctions set forth in subheading 1) other than those already inflicted, against the entity in the interest or for the benefit of which the infringement was committed; providing that provisions set forth under this subheading shall also apply when sanctions set forth in subheading 1) were already applied as provisional measures pursuant to provisions set forth in subheading o);

q) providing that the administrative sanctions against the entities shall be applied by the judge having jurisdiction on the offence; providing that the provisions set forth in the criminal procedure code shall apply, if compatible, within the proceeding for the ascertainment of responsibility, providing adequate conditions of participations and defence by the entities in the various phases of the proceeding:

r) providing that the administrative sanctions set forth in subheadings g), i) and 1) shall be timebarred after in 5 years from the commission of the offences provided for in subheading a), b), c) and d); providing that interruption of the running of time shall be governed by the provisions of the civil code;

s) providing the establishment of a National Register for administrative sanctions inflicted against the subjects indicated in the first sentence of this paragraph with no additional costs for the State¡¯s budget;

t) providing for the right of shareholders, of members or of partners of the entities listed in the first sentence of this paragraph, whose administrative responsibility has been ascertained with regard to the provisions of subheadings a) to q), to withdraw from the company, the association or the body, unless those persons have given their consent or have carried out, even indirectly or in practice, management, control or administrative functions; providing specific mechanisms for the payment of their share without prejudice for any claim for damages mentioned in v) and z); regulating the terms and modalities for the exercise of said right and providing that the liquidation of the share following the withdrawal, occurs by an evaluation of said share according to art. 2289, 2¡ã paragraph b, and art. 2437 of the civil code; providing that the liquidation of the share may take place even to the costs of said persons; in this case the withdrawing party is under the obligation, if the case provided for in subheading 1), point 3), does not take place, to request to the President of the Court where the entities have their registered office, the appointment of a liquidator to whom will be given all the management powers connected with the activities which are necessary for the liquidation of the share, including the capacity to stand trial; the costs for the public finance of this sub-paragraph shall be charged to the section on arbitration and litigation costs of the Ministry of Justice;

u) providing that the shareholders action for damages against directors of legal persons and companies, of which the administrative responsibility with reference to what has been provided for from subheadings a) to q), has been ascertained, is decided by their shareholders meeting by a number votes cast of at least one twentieth of the social capital when this is inferior to five hundred million lire, and of at least a fortieth in all other cases; similarly regulating the cases of waiver or settlement of an action against directors;

v) providing that the ascertainment of the damage in the claim action for damages by the partner or a third person against the directors of the entities which are referred to in the first sentence of this paragraph, of which the administrative responsibility has been ascertained in accordance with subheadings a) to q), shall not be bound to the evidence of the existence of a direct chain of causation between the fact establishing the responsibility of the entity and the damage suffered; providing that this rule does not apply whenever the offence was committed by a person subject to the direction or control of a representative, director or manager, or by persons exercising, even de factor, powers of management or control, when the commission of the offence has been made possible by the non compliance with the duties connected with said functions;

z) providing that the rules of letter v) apply also when the action for damages is directed against the shareholder, member or partner of the entities mentioned in subheading a), who was consenting or has performed, albeit indirectly or de factor, functions of management, control or administration, before the fact that brought about the ascertainment of the responsibility of the entity;

2. for the purpose of sub par. 1 legal person means entities endowed with legal personality, excluding the State and the other public entities which exercise public powers.

3. The Government is also enabled to consolidate provisions related to all the other laws of the State, as well as to enact the transitional provisions in the legislative decree provided for in paragraph 1.

Art.13 Competent Authority

The Ministry of Justice ¡ª General Directorate of Criminal Affairs, is appointed as the competent authority to the purposes provided for in article 11 of OCDE Convention on combating bribery of foreign public officials in international business transactions, made in Paris on 17 December 1997.

Art. 14 Exercise of the delegations

1. The draft of the legislative decrees provided for in articles 11 and 12 shall be transmitted to the Chamber of Deputies and to the Senate of the Republic at least 90 days before the deadline for the exercise of the delegation. Parliamentary Commissions competent on the subject-matter shall express their advice within 60 days from the day in which said draft were transmitted. After this term, the legislative decrees may be adopted also without said advice.

Art.15 Transitional provision
1. Provisions set forth in article 322-ter of the criminal code, introduced by paragraph 1 of article 3 of this law, shall not apply to the offences thereby provided for, as well as to those indicated in paragraph 2 of said article 3, which were committed before the date of the entry into force of this law.

Art.16 Entry into force

1. This law shall enter into force on the day following that of its publication in the Official Journal.

Police Background Check Procedures

Who can apply?

• Residents/non-residents and non-citizens may apply directly.
• Third party representatives may apply on individual’s behalf, providing written consent.

Where?

•  Local applicants must apply in person at local Public Prosecutor’s Office) of the court competent for the residing area.
•  Overseas applicants must apply through e-mail or registered mail.
•  Italian embassies/consulates will not accept applications.

What must the applicant supply?

•  Completed application form
•  State requirement for a Penal Certificate/Certificado Penale
•  Photo ID (when picking up certificate)
•  Overseas applicants must also enclose:
•  Proof of identity(ID card, passport, birth certificate)
•  Stamped, self-addressed envelope
•  Stipulated fee
•Third party representatives must also enclose:
•Copy of Photographic ID of self, and applicant being represented

What are the costs / turnaround times?

Local applicants:

•  Fee of €3.10 (around GBP£2.75), cash only.
•  A fast-track1 disclosure is available for €6.20 (around GBP£ 5.50).
•  Turnaround for fast-track is while-you-wait (for local applications).

Overseas applicants:

•  €3.54 (around GBP£ 3), and for overseas fast-track, fee of €7.08 (around GBP£ 6.60)
•  Payable by banker ́s draft or postal order

Contact Details

Overseas applicants should send their forms to:
Ufficio del Casellario Guidiziale della
Procura della Republica
Piazzale Clodio
00100 Rome
Italy
Tel: +39 06 68807558
Email:procura.roma@giustizia.it
Email enquiries:segreteria.dgpenale.dag@giustizia.it
Website:http://giustizia.it/giustizia/it/mg_3_3_2.wp
Embassy of Italy
14 Three Kings‟ Yard Davies Street W1K
4EH
Tel: 020 7312 2200
Fax: 020 73122230
Email:ambasciata.londra@esteri.it
Website:www.amblondra.esteri.it

Italy – Know Your Customer (KYC) Rules

The proceeds of domestic organized crime groups (especially the Mafia, Camorra, and ‘Ndrangheta) operating across numerous economic sectors in Italy and abroad compose the main source of laundered funds. A report from the Italian confederation of trade, tourism, and service-company operators declared domestic organized crime as Italy‘s largest enterprise.

Other major sources of laundered money are proceeds from tax crimes, smuggling and sale of counterfeit goods, extortion, and usury. Based on limited evidence, the major sources of money for financing terrorism seem to be petty crime, document counterfeiting, and smuggling and sale of various legal and contraband goods. Italy‘s total black market is estimated to generate as much as 15% of GDP ($310 billion). A sizeable portion of this black market is for smuggled goods. The proceeds of these sales are often laundered, and some may be used to finance terrorism. However, the largest portion of this black market is for tax evasion by otherwise legitimate commerce. Money laundering and terrorist financing in Italy occurs in both the formal and the informal financial system, as well as offshore.

Italy continues to combat the sources of money laundering and terrorist financing. For example, in his first speech to Parliament, new Prime Minister Monti announced that fighting tax evasion, which he said deprives Italy of one-fifth of its GDP, and fighting organized crime will be high priorities for the new government.

KNOW-YOUR-CUSTOMER (KYC) RULES:

Enhanced due diligence procedures for PEPs:

A PEP is an abbreviation for Politically Exposed Person, a term that describes a person who has been entrusted with a prominent public function, or an individual who is closely related to such a person. The terms PEP, Politically Exposed Person and Senior Foreign Political Figure are often used interchangeably

    • Foreign PEP: YES
    • Domestic PEP: NO

Italy – KYC covered entities

The following is a list of Know Your Customer entities covered by Italian Law:

    • Banks
    • Italian post office
    • Electronic money transfer institutions
    • Payment institutions
    • Agents
    • Investment firms
    • Asset management companies
    • Insurance companies
    • Agencies providing tax collection services
    • Stock brokers
    • Financial intermediaries
    • Trust companies
    • Lawyers
    • Accountants
    • Auditors
    • Casinos

Italy – Suspicious Transaction Reporting (STR) Requirements:

Number of STRs received and time frame: 23,816 for January through June 2011

The following is a list of STR covered entities covered by Italian Law:

    • Banks
    • Italian post office
    • Electronic money transfer institutions
    • Investment firms
    • Asset management companies
    • Insurance companies
    • Agencies providing tax collection services
    • Stock brokers
    • Financial intermediaries
    • Trust companies
    • Lawyers
    • Accountants
    • Commercial assessors
    • Notaries
    • Auditors
    • Real estate agents
    • Casinos
    • High-value goods dealers

MONEY LAUNDERING CRIMINAL PROSECUTIONS/CONVICTIONS:

Prosecutions: 21 in 2011
Convictions: Not available

ENFORCEMENT AND IMPLEMENTATION ISSUES AND COMMENTS:

In 2011, Italy made the following key legal, regulatory, and policy changes related to money laundering and terrorist financing: Parliament passed a law reducing from 5,000 euros to 2,500 euros the threshold above which cash transactions, cash bank deposits, and cash payments for bearer bonds are illegal; the Ministry of Interior issued a regulation establishing anomaly indicators for financial transactions, to facilitate the reporting of suspicious transactions by several categories of non-financial businesses and professions; the Bank of Italy, the Italian central bank, strengthened the required procedures and internal controls for financial intermediaries, to prevent their involvement in money laundering and terrorist financing. The Bank of Italy also raised the standards for data required in STRs, to increase the likelihood of detecting money laundering and terrorist financing transactions.

Although several of the above actions were intended to increase the number of STRs filed by non-financial businesses and professions, since these entities now file less than 1% of the STRs, Italy must continue to implement measures that will significantly increase the quality of STRs from all these entities and the number of STRs from selected categories of these entities. Italy also must continue to implement measures to increase the quality and timeliness of the data reported by all types of entities. In 2010, 37,047 STRs were filed for money laundering and 274 for terrorist financing.

Although Italy requires that large transactions be reported, these transactions are reported only in the aggregate.

As in previous years, in 2011 the Guardia di Finanza cooperated on a number of occasions with various U.S. authorities in investigations of money laundering, bankruptcy crimes, and terrorist financing (the Guardia di Finanza is the primary Italian law enforcement agency responsible for combating financial crime and smuggling, and is Italy‘s primary agency for interdicting drugs, along with the Carabinieri and the Italian National Police). The Direzione Centrale per i Servizi Antidroga, a task force comprised of the Guardia di Finanza, Carabinieri, and the Italian National Police, also plays a central role in these efforts.

Risk

Sovereign risk

A prolonged recession and low inflation will make it difficult to halt the rise of Italy’s public debt/GDP ratio, which The Economist Intelligence Unit expects to reach 137% in 2015. The weakness of the economy will constrain revenue and curtail ambitious plans to cut spending. We expect the deficit to remain about 3% of GDP, but the primary surplus will shrink to 0.9% of GDP in 2015, from 1.6% in 2014.

Banking sector risk

Non-performing loans have risen rapidly, which has undermined already weak profitability and forced several Italian banks to plug large capital shortfalls. EU‘wide stress tests in October 2014 exposed the weaknesses of the Italian banking system, leaving it vulnerable to a renewed loss of confidence. Banks’ large holdings of Italian government debt are also a source of vulnerability.

Political risk

The broad coalition formed by Matteo Renzi in February 2014 is fragile. If his bold push to reform the electoral system and streamline the institutions fails, then the next general election could lead to greater political fragmentation.

Economic structure risk

Italy’s net external asset position (-28.8% of GDP) is less weak than those of other euro zone peripheral states, and the current account has moved into a small surplus. But economic growth prospects are poor owing to weak competitiveness. Italy has made little progress in reducing high unit labour costs and Italian firms produce mostly medium- rather than high-technology goods.

Travel Risk

Security

The decision to travel is your responsibility. You are also responsible for your personal safety abroad. The purpose of this Travel Advice is to provide up-to-date information to enable you to make well-informed decisions.

Crime

The level of street crime is comparable to that of other European countries, particularly in large urban centres. Petty crime such as pickpocketing and purse snatching occur at tourist sites, on public transportation, and at major airports and railway stations. If possible, avoid carrying handbags. Motorcyclists frequently grab bags and other personal belongings from pedestrians, often resulting in injury.

Isolated incidents of violence may occur in Italy, sometimes involving small-scale bombs and incendiary devices. These incidents have usually been carried out by criminal or extremist groups and directed at Italian institutions.

Exercise caution and be alert while travelling by road and rail, as criminals target foreigners at gas stations, on highways, and on trains. Car theft occurs at gas stations and on highways. Keep a close eye on your vehicle when stopping at service areas.

Keep your windows closed, bags and handbags out of reach, and doors locked at all times. Never leave personal belongings unattended in a vehicle and use secure parking facilities, especially overnight.

Thieves often work in pairs or groups and will attempt to distract the victim while their accomplices rob them.

Be especially vigilant when stopped at traffic lights, as bags are often snatched from passenger seats by thieves travelling on scooters.

Rail passengers have been offered drugged food or drink and been robbed or assaulted while sleeping. Keep your compartment door securely locked.

The number of lost and stolen passports increases during the summer months. To prevent loss or theft, exercise caution and carry a photocopy of your passport, rather than the original.

Demonstrations

Avoid demonstrations and large gatherings as they can turn violent without notice.

Strikes

Transportation strikes regularly affect services of the national airline, railways, city bus lines and taxis. Plan alternate travel arrangements and regularly check with transportation providers for any schedule changes. Monitor local news and follow the advice of local authorities.

Spiked food and drinks

Never leave food or drinks unattended or in the care of strangers. Be wary of accepting snacks, beverages, gum or cigarettes from new acquaintances. Drugs may be present that could put you at risk of assault and robbery. Incidents of this sort have occurred even in small towns known to be frequented by tourists.

fraud

Fraudulent electronic readout devices are being used at automated banking machines (ABMs) in Italy. These devices are designed to capture the account information stored on the card’s magnetic strip through a card reader fixed over the legitimate reader. The customer’s PIN is recorded with a small video camera installed above the keypad. The victim’s banking information is then sold or traded online. To avoid being a victim of this fraud, use ABMs located in well-lit public areas or inside a bank or business, avoid card readers with an irregular aspect, cover the keypad with one hand when entering your PIN, and check any unauthorized transactions on your account statements.

See our Overseas fraud page for more information on scams abroad.

Road travel

City streets are often narrow, winding and congested. Motor scooters and other vehicles are often driven recklessly. Lane markings are frequently non-existent, and traffic lights are limited and often ignored. Numerous accidents are caused by excessive speeding on highways and rural roads.

Pay close attention to road conditions and refrain from driving during or immediately after severe storms. Monitor local news and follow the advice and warnings issued by local authorities.

In northern Italy, be aware of ground fog and poor visibility, especially in winter.

Public Transportation

Only use officially licensed taxis equipped with roof lights and meters. If you call a radio taxi, be aware that the meter starts to run as soon as the cab leaves to pick you up.

Rail service is widely available. Ferry services are available to Greece, North Africa and local islands (for example, Sicily, Sardinia, Capri, Ischia and Elba).

See Transportation Safety in order to verify if national airlines meet safety standards.

Mountain activities

If you intend to do mountaineering or ski touring:

a) never practice these activities alone;

b) always hire an experienced guide from a reputable company;

c) buy travel health insurance that includes helicopter rescue and medical evacuation;

d) ensure you are in top physical condition;

e) advise a family member or friend of your destination, your itinerary and when you expect to be back;

f) know the symptoms of acute altitude sickness, which can be fatal;

g) register with the Embassy of Canada in Italy; and

h) obtain detailed information on trekking routes or ski slopes before setting out, and do not venture off established trails, especially in early or late winter.

General safety information

Pay attention to your surroundings. Avoid showing signs of affluence and carrying large sums of cash.

Ensure that your personal belongings, passports and other travel documents are secure at all times. Never travel with your passport and proof of Canadian citizenship (birth certificate or Canadian citizenship certificate) in the same bag or pouch. Keep a photocopy of your passport in case of loss.

Emergency services

Dial 113 for emergency assistance.

Address Format

RECIPIENT

STREET_TYPE STREET_NAME HOUSE_NUMBER
POSTAL_CODE LOCALITY PROVINCE_ABBREVIATION
ITALY

Sample

GIORGIO TINTORETTO
VIA TORRIANI NAPO 29
20124 MILANO MI
ITALY

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