Privacy legal support and defense
Legal support and defense
If needed, Studio Legale Privacy takes up the Clients’ defense, in court (ordinary and administrative court) and out of court, as well as, in the privacy field, before the Data Protection Authority.
Remedies, reporting and complaints before the supervisory authority
Support in relation to the right to be forgotten and other privacy rights
Request for prior consultation before the DPA
Damages actions on new technologies law and privacy matters
Appeal before Regional Administrative Courts & Council of State regarding public procurement, tender, aids and public contracts
In court and out of court defense also before the Italina DPA and the ordinary court
If needed, the Firm Orlandi&Partners Studio Legale support and defend the Client:
– out of court, for example in relation to the right to be forgotten and more in general to the data subject rights
– in court (ordinary court),in the event of damages actions or appeals against DPA decisions.
– before the DPA, in the event of notifications or reports or the adoption of remedial actions or other decisions by the DPA, as well as in the event of a prior consultation for a specific processing.
Rights of the Data Subjects
Support to the Client in the data subjects requests’ management
Support to the Client in the litigation and pre-litigation phase relating to the exercise of the data subjects’ rights
Drafting of specific procedures for responding to the data subjects’ requests
In court and our of court legal assistance for erasure requests (right to be forgotten)
The rights of the data subjects are the beating heart of the EU Regulation of the protection of personal data.
The data subjects, that are the individuals which the processing of personal data relates to, are the main reason of all the GDPR provisions.
To them is dedicated the entire Chapter III of the law, that -in addition to the requirements of transparency and information- provides for a variety of rights of particular importance, freely exercisable towards Data Controllers and Data Processors:
– Right of access (art. 15)
– Right to rectification (art. 16)
– Right to erasure or “right to be forgotten” (art. 17)
– Right to restriction of processing (art. 18)
– Right to data portability (art. 20)– Right to object (with due reference to automated processing, art. 21)
– Right not to be subject to a decision based solely on automated processing, including profiling (art. 22)
One of the most serious phenomenon to which we often witness as legal consultants is the fact that most of the data subjects don’t know the potential of these important rights.
The common perception is often that of an absence of protection by the DPA or, worse, of an uselessness of every attempt to exercise the rights.
Our Firm is committed to oppose this mistaken belief, supporting the Clients (both on the controller side and the data subjects side) in the proper exercise and compliance with the abovementioned rights, from the pre-litigation to the actual potential dispute as well as the defense before the DPA and the court.
