Notice pursuant to Article 14 of EU Regulation no. 2016/679
Scorcelli & Partners − Studio Legale (Firm) processes the personal data of the users of its website (Website) in accordance with the General Data Protection Regulation (EU Regulation no. 2016/679 on the protection of natural persons as regards the processing of personal data) (GDPR)
The following information concerns the processing of the above personal data.
1. Definitions
In this notice and the provisions of the GDPR appended to this policy:
personal data means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
data subject means an identified or identifiable natural person;
processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
controller means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data;
processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
2. Controller
The controller is Scorcelli & Partners − Studio Legale, Galleria San Babila 4/C, 20122 Milan, Telephone +39 0276390744, Fax +39 0276390681, e-mail address info@splegal.it.
3. Categories and source of data and purposes of processing
Navigation Data
Navigation data are data that the server registers automatically during the navigation of the Website, such as IP address, URI (Uniform Resource Identifier) and the content of messages to the Website, to improve the efficiency of the navigation. The Firm could use these data to compile anonymous statistics to get a better understanding of the use of the Website and improve the users’ navigation experience. The Firm could also use these data to uncover computer frauds.
Data in users’ messages
With the sending of messages to the email contacts on the Website, the server automatically registers the email address and personal data of the sender contained in the message.
Cookie
Cookies are text fragments generated by the browsers on the users’ devices, registered by the server every time that the users visit the Website. Similar technologies can be used to collect information on the use of the Website. In this notice, the term ’cookie’ designates both proper cookies and such technologies.
The server register different types of cookie, such as:
- "session cookie", through which the server collects and analyses on an anonymous basis the users’ personal data to optimize the Website’s navigation. This is the case, for instance, when the language selected by a user during navigation is automatically selected by the server on each following access by the same user. Such cookies are not automatically deleted when the users close their browsers, but rather after two years, unless the users delete them manually.
- "persistent cookies", attraverso i quali il server acquisisce e analizza su base anonima i dati dell’utente sempre per ottimizzare la navigazione del Sito. Ciò avviene ad esempio quando la lingua selezionata durante la navigazione viene re-impostata automaticamente per i successivi accessi da parte dello stesso utente. Tali cookie non vengono disattivati automaticamente quando gli utenti chiudono il browser, bensì dopo due anni, a meno che gli utenti non li disattivino manualmente.
Other types of cookies could be registered by the server from time to time, to enable specific features of the Website.
To delete cookies, the users may follow the wizard on their browsers or review the instructions in their browsers’ ’Help’ section.
No obligation to provide data i
Save as described above in relation to the automatic collection by the server of navigation data, personal data in users’ messages and cookies, the users have no obligation to provide their personal data requested by the Website. Failure to provide such data, however, could prevent the users from communicating with the Firm through the Website.
4. Processing of data
The users’ personal data may be processed by way of automated processes by the partners, associates and employees of the Firm, only as required in connection with the purposes for which they are collected and for the time necessary to achieve such purposes. The users’ personal data are stored in a safe IT environment.
The users’ personal data may also be processed by technical assistance firms and other providers of services to the Firm that are appointed as processors.
The Firm does not use automated decision making processes, including profiling.
5. Disclosure of data
Save as described above in relation to the processing of personal data by the Firm’s service providers, the users’ personal data are not disclosed to persons outside the Firm.
However, the Firm may disclose the users’ personal data for the purpose of complying with its legal obligations to parties entitled by law to receive such information.
6. Users’ rights
Users will be entitled to exercise the following rights provided for in articles 15 to 22 of the GDPR, which are appended to this notice:
- the right of access (article 15);
- the right to rectification (article 16);
- the right to erasure (the so called right to be forgotten) (article 17);
- the right to restriction of processing (article 18);
- the right to obtain that the Firm notifies any recipient of the users’ personal data of any rectification, erasure or restriction of processing undertaken with respect to such data (unless impossible or involving a disproportionate effort) (article 19);
- the right to data portability (article 20);
- the right to object (article 21);
- the right to not being subject to a decision based on automated processing (article 22).
The users may exercise the above rights by sending a written request by post, to Scorcelli & Partners − Studio Legale, Galleria San Babila 4/C, 20122 Milan, or by e-mail, to info@splegal.it.
If the users believe that the Firm’s processing of their personal data infringes the GDPR, they may lodge a complaint with Autorità Garante per la Privacy (the Italian supervisory authority) (article 77).
Articles 15 to 22 of EU Regulation no. 2016/679
Article 15 - Right of access by the data subject
1. The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:
- (a) the purposes of the processing;
- (b) the categories of personal data concerned;
- (c) the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- (d) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- (e) the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
- (f) the right to lodge a complaint with a supervisory authority;
- (g) where the personal data are not collected from the data subject, any available information as to their source;
- (h) the existence of automated decision-making, including profiling, referred to in article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
2. Where personal data are transferred to a third country or to an international organisation, the data subject shall have the right to be informed of the appropriate safeguards pursuant to article 46 relating to the transfer.
3. The controller shall provide a copy of the personal data undergoing processing. For any further copies requested by the data subject, the controller may charge a reasonable fee based on administrative costs. Where the data subject makes the request by electronic means, and unless otherwise requested by the data subject, the information shall be provided in a commonly used electronic form.
4. The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others.
Article 16 - Right to rectification
The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
Article 17 - Right to erasure ("right to be forgotten")
1. The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
- (a) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
- (b) the data subject withdraws consent on which the processing is based according to point (a) of article 6(1), or point (a) of article 9(2), and where there is no other legal ground for the processing;
- (c) the data subject objects to the processing pursuant to article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to article 21(2);
- (d) the personal data have been unlawfully processed;
- (e) the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
- (f) the personal data have been collected in relation to the offer of information society services referred to in article 8(1).
2. Where the controller has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
3. Paragraphs 1 and 2 shall not apply to the extent that processing is necessary:
- (a) for exercising the right of freedom of expression and information;
- (b) for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
- (c) for reasons of public interest in the area of public health in accordance with points (h) and (i) of article 9(2) as well as article 9(3);
- (d) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with article 89(1) in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
- (e) for the establishment, exercise or defence of legal claims.
Article 18 - Right to restriction of processing
1. The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:
- (a) the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;
- (b) the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
- (c) the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;
- (d) the data subject has objected to processing pursuant to article 21(1) pending the verification whether the legitimate grounds of the controller override those of the data subject.
2. Where processing has been restricted under paragraph 1, such personal data shall, with the exception of storage, only be processed with the data subject's consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
3. A data subject who has obtained restriction of processing pursuant to paragraph 1 shall be informed by the controller before the restriction of processing is lifted.
Article 19 - Notification obligation regarding rectification or erasure of personal data or restriction of processing
The controller shall communicate any rectification or erasure of personal data or restriction of processing carried out in accordance with article 16, article 17(1) and article 18 to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. The controller shall inform the data subject about those recipients if the data subject requests it.
Article 20 - Right to data portability
1. The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:
- (a) the processing is based on consent pursuant to point (a) of article 6(1) or point (a) of article 9(2) or on a contract pursuant to point (b) of article 6(1); and
- (b) the processing is carried out by automated means.
2. In exercising his or her right to data portability pursuant to paragraph 1, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.
3. The exercise of the right referred to in paragraph 1 of this article shall be without prejudice to article 17. That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
4. The right referred to in paragraph 1 shall not adversely affect the rights and freedoms of others.
Article 21 - Right to object
1. The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of article 6(1), including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
2. Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing.
3. Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
4. At the latest at the time of the first communication with the data subject, the right referred to in paragraphs 1 and 2 shall be explicitly brought to the attention of the data subject and shall be presented clearly and separately from any other information.
5. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.
6. Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to article 89(1), the data subject, on grounds relating to his or her particular situation, shall have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
Article 22 - Automated individual decision-making, including profiling
1. The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.
2. Paragraph 1 shall not apply if the decision:
- (a) is necessary for entering into, or performance of, a contract between the data subject and a data controller;
- (b) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests; or
- (c) is based on the data subject's explicit consent.
3. In the cases referred to in points (a) and (c) of paragraph 2, the data controller shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.
4. Decisions referred to in paragraph 2 shall not be based on special categories of personal data referred to in article 9(1), unless point (a) or (g) of article 9(2) applies and suitable measures to safeguard the data subject's rights and freedoms and legitimate interests are in place.
