Editorial Director: Giusella Finocchiaro
Web Content Manager: Giulia Giapponesi

posted by admin on luglio 20, 2015

Events

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Giusella Finocchiaro is the new President of the Fondazione del Monte di Bologna e Ravenna for the five year term 2015-2020. She was unanimously elected by secret ballot on the 6th July, 2015 during the first session of the Foundation’s Steering Committee.

Giusella Finocchiaro, who succeeds Marco Cammelli as President, had been appointed member of the new Steering Committee on the 25th May together with Luigi Balestra, Sara Bisulli, Mauro Brighi, Luigi Busetto, Valeria Cicala, Sergio Conti, Giuseppe Cremonesi, Gianluca Dradi, Onofrio Arduino Gianaroli, Carlo Guarnieri, Paola Lanzarini, Massimo Moscatelli, Daniela Oliva, Andrea Segrè, Siriana Suprani, Simone Spataro and Daniela Zannoni.

“Marco Cammelli leaves us a splendid legacy: a dynamic Foundation in excellent shape, which he has managed with great wisdom and sound judgment and which of course makes our task all the more challenging”. “Fortunately”, as Giusella Finocchiaro remarked, “we can rely on the considerable expertise of our colleagues on the Steering Committee and the Board of Directors”.

Professor Finocchiaro introduced the issues that the Foundation would deal with the course of her term of office, “as has been highlighted in the budget for the coming term,circumstances external to the Foundation have created a number of problems that we will have to face, namely fiscal pressure up by about 20% since December 2014, the obligation to diversify investments in implementing the ACRI-MEF protocol and a progressive decrease in expenditure from the peak of 2008 to a level that will be determined for next year, which might also record further restrictions.

The main directions in which we intend to lead the Foundation forward in the coming years are those of enhancing the value of certain areas of the Foundation on an international scale, increasingly promoting innovative projects, supporting the creativity of such proposals, improving communication between the Foundation and its stakeholders, not only by facilitating the circulation of announcements but also by organizing communication spaces for hearing and exchanging ideas with stakeholders and broadening the online use of the Foundation’s artistic and cultural heritage”.

At the end of the voting procedure, Giusella Finocchiaro, proposed an approximately 10% cut in the allowances of the Foundation’s President and Steering Committee, which was approved unanimously.

 

 

posted by admin on giugno 20, 2015

digital identity

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On 10th June at the University of Bologna, a number of representatives of the UN Commission for International Trade Law (UNCITRAL) met with a group of academic experts and spokespersons representing the web corporations Google and AliBaba. The common goal of the meeting was to concentrate on identifying a basis for activating a shared process for defining global rules for online identification.

In her introduction, Giusella Finocchiaro, organizer of the event in her role as Full Professor at the University of Bologna and President of UNCITRAL Working Group lV on Electronic Commerce, emphasized that the “objective” aspect of identity was that which requires regulating first and foremost, namely what the law must guarantee in order to allow the formal recognition of individuals. A more detailed explanation on the difference between subjective and objective identity can be found in her presentation, which can be accessed HERE.

In Europe the problem of identification online has been solved with the European Regulation on electronic identification and trust services for electronic transactions in the internal market. So, a single law for the 28 Member States, which has achieved the legal and technical interoperability of the electronic tools for identification, authentication and signature (eIDAS) in the countries of the European Union. Andrea Servida, from DG CONNECT, European Commission, Head of the eIDAS Task Force, outlined the principles of how it works in his address. His presentation can be downloaded HERE.

Eric A. Caprioli, attorney at the Court of Paris and member of the French delegation to the UNCITRAL Working Group on Electronic Commerce, stressed that the aim must be a single global system and not harmonization of the existing systems. With this in mind, the Group’s work should focus on defining a “model law” which sets out the basic minimum requirements for authentication, as it were, a lowest common denominator compatible with individual national legislative frameworks. His address is summed up in the presentation which can be downloaded HERE.

As mentioned by Xue Hong, Full Professor of law at Beijing Normal University, director of the Institute for BNU Internet Policy & Law (IIPL), digital identification on a global scale will have to take into account the new requirements which have emerged from the web, such as the purchase and sale of property and rights of an entirely digital nature, such as mailboxes, websites, virtual objects, copyright and so on. Her address examined this point in depth in THIS presentation.

Andrea Stazi, the head of Public Policy and Government Relations of Google Italy, underlined the need to predict the difficulties in managing digital identity in relation to the protection of privacy. However, Ala Musi, the China Electronic Commerce Association Policy & Law Committee Deputy Director of AliBaba, emphasized the importance of establishing the limits of legal responsibility of e-commerce platforms that operate worldwide. His presentation can be downloaded HERE.

The summing up by the Secretary of the UNCITRAL Working Group on Electronic Commerce, Luca Castellani, brought the conference to a close.

The Bologna meeting marked the beginning of a process of sharing of ideas by international experts on the issue of the regulation of digital identity on a global scale. The task of finding guidelines for a single system will now be put in the hands of the UNCITRAL Working Group.

 

 

We offer here an article by Giusella Finocchiaro which was published in the March issue of the newsletter of the online magazine “ICT4Executive”.

The conservation of electronic documents raises a number of doubts among professionals in terms of procedure and related legal issues. Here we will try to clarify the main features of the topic by means of specific questions and answers.

What are the main rules regarding the conservation of electronic documents in Italy?

The Digital Administration Code, recently amended by Legislative Decree no.235 of December 30, 2010, regulates the composition, management and conservation of electronic documents. With particular regard to conservation, the primary law reference is art. 43, which establishes the general principle of freedom of the form of conservation of electronic documents, establishing that ” when stored in digital form, records kept in archives, accounting records, correspondence, and any act, document or data, the conservation of which is required by law or regulation, are valid and relevant with full legal effect if their reproduction and conservation over time are managed so as to guarantee they conform to the original documents in compliance with the technical regulations provided for by Article 71”. Naturally, if the documents have originally been produced in a digital format, it follows that the logical form of conservation for said documents must be digital. Therefore, the process of electronic storage of documents can affect both electronic and analogical documents.

How does the process of conservation work?

The procedure is carried out by storing on optical media the document itself in the case of electronic documents, or its image in the case of analogical documents. The process is completed by affixing, the time reference and the digital signature of the data custodian on the set of documents, which guarantees the proper conduct of the process. The requirements of the system of conservation are set out in art. 44 of the Digital Administration Code: in particular, there must be reliable identification of both the individual who composed the document and also that of the reference administration or organization. The integrity and legibility of the document and the availability of information to identify it must also be guaranteed. In the light of these regulations we can affirm that in invoking the principle of freedom of the forms of conservation, the law grants a broad area of ​​autonomy. It is in fact up to the interested parties to fully establish the procedures of conservation.

What are the main new regulations regarding conservation?

Among the main new features introduced in the Legislative Decree of December 30, 2010, particular importance must be given to the provision under Art. 44 bis of the Digital Administration Code. The regulation provides for entrusting the activity of conservation and certification to public and private bodies, who may also seek accreditation from DigitPA. Also worthy of note is the provision under Art. 44, paragraph 1 bis, according to which the data custodian works in consultation with the data controller.

Does the conservation of documents raise questions relating to personal data protection laws?

It is necessary to fit the data custodian into the context of the protection of personal data. In fact, we should ask ourselves whether the data custodian has independent control over the process or whether he is merely responsible for the process. This is a question of no little importance considering the fact that the process of conservation can be entrusted to a third party with an outsourcing contract.

So what should the right approach to this issue be?

It should be as open an approach as possible, considering that the law places fewer restrictions than is thought. In fact, the law provides the tools, but does not place restrictions on the freedom of the interested parties to define procedures. So, plenty of scope for autonomy of negotiation.

We offer here an article by Giusella Finocchiaro which was published in the March issue of the newsletter of the online magazine “ICT4Executive”.

The conservation of electronic documents raises a number of doubts among (legal?) professionals in terms of procedure and related legal issues. Here we will try to clarify the main features of the topic by means of specific questions and answers.

What are the main rules regarding the conservation of electronic documents?

The Digital Administration Code, recently amended by Legislative Decree no.235 of December 30, 2010, regulates the composition, management and conservation of electronic documents. With particular regard to conservation, the primary law reference is art. 43, which establishes the general principle of freedom of the form of conservation of electronic documents, establishing that “ when stored in digital form, records kept in archives, accounting records, correspondence, and any act, document or data, the conservation of which is required by law or regulation, are valid and relevant with full legal effect if their reproduction and conservation over time are managed so as to guarantee they conform to the original documents in compliance with the technical regulations provided for by Article 71”. Naturally, if the documents have originally been produced in a digital format, it follows that the logical form of conservation for said documents must be digital. Therefore, the process of electronic storage of documents can affect both electronic and analogical documents.

How does the process of conservation work?

The procedure is carried out by storing on optical media the document itself in the case of electronic documents, or its image in the case of analogical documents. The process is completed by affixing, the time reference and the digital signature of the data custodian on the set of documents, which guarantees the proper conduct of the process. The requirements of the system of conservation are set out in art. 44 of the Digital Administration Code: in particular, there must be reliable identification of both the individual who composed the document and also that of the reference administration or organization. The integrity and legibility of the document and the availability of information to identify it must also be guaranteed. In the light of these regulations we can affirm that in invoking the principle of freedom of the forms of conservation, the law grants a broad area of ​​autonomy. It is in fact up to the interested parties to fully establish the procedures of conservation.

What are the main new regulations regarding conservation?

Among the main new features introduced in the Legislative Decree of December 30, 2010, particular importance must be given to the provision under Art. 44 bis of the Digital Administration Code. The regulation provides for entrusting the activity of conservation and certification to public and private bodies, who may also seek accreditation from DigitPA. Also worthy of note is the provision under Art. 44, paragraph 1 bis, according to which the data custodian works in consultation with the data controller.

Does the conservation of documents raise questions relating to personal data protection laws?

It is necessary to fit the data custodian into the context of the protection of personal data. In fact, we should ask ourselves whether the data custodian has independent control over the process or whether he is merely responsible for the process. This is a question of no little importance considering the fact that the process of conservation can be entrusted to a third party with an outsourcing contract.

So what should the right approach to this issue be?

It should be as open an approach as possible, considering that the law places fewer restrictions than is thought. In fact, the law provides the tools, but does not place restrictions on the freedom of the interested parties to define procedures. So, plenty of scope for autonomy of negotiation.

 

We offer here an article by Giusella Finocchiaro which was published in the March issue of the newsletter of the online magazine “ICT4Executive”.

 

The conservation of electronic documents raises a number of doubts among (legal?) professionals in terms of procedure and related legal issues. Here we will try to clarify the main features of the topic by means of specific questions and answers.

 

What are the main rules regarding the conservation of electronic documents?

 

The Digital Administration Code, recently amended by Legislative Decree no.235 of December 30, 2010, regulates the composition, management and conservation of electronic documents. With particular regard to conservation, the primary law reference is art. 43, which establishes the general principle of freedom of the form of conservation of electronic documents, establishing that ” when stored in digital form, records kept in archives, accounting records, correspondence, and any act, document or data, the conservation of which is required by law or regulation, are valid and relevant with full legal effect if their reproduction and conservation over time are managed so as to guarantee they conform to the original documents in compliance with the technical regulations provided for by Article 71”. Naturally, if the documents have originally been produced in a digital format, it follows that the logical form of conservation for said documents must be digital. Therefore, the process of electronic storage of documents can affect both electronic and analogical documents.

 

How does the process of conservation work?

 

The procedure is carried out by storing on optical media the document itself in the case of electronic documents, or its image in the case of analogical documents. The process is completed by affixing, the time reference and the digital signature of the data custodian on the set of documents, which guarantees the proper conduct of the process. The requirements of the system of conservation are set out in art. 44 of the Digital Administration Code: in particular, there must be reliable identification of both the individual who composed the document and also that of the reference administration or organization. The integrity and legibility of the document and the availability of information to identify it must also be guaranteed. In the light of these regulations we can affirm that in invoking the principle of freedom of the forms of conservation, the law grants a broad area of ​​autonomy. It is in fact up to the interested parties to fully establish the procedures of conservation.

 

What are the main new regulations regarding conservation?

 

Among the main new features introduced in the Legislative Decree of December 30, 2010, particular importance must be given to the provision under Art. 44 bis of the Digital Administration Code. The regulation provides for entrusting the activity of conservation and certification to public and private bodies, who may also seek accreditation from DigitPA. Also worthy of note is the provision under Art. 44, paragraph 1 bis, according to which the data custodian works in consultation with the data controller.

 

Does the conservation of documents raise questions relating to personal data protection laws?

 

It is necessary to fit the data custodian into the context of the protection of personal data. In fact, we should ask ourselves whether the data custodian has independent control over the process or whether he is merely responsible for the process. This is a question of no little importance considering the fact that the process of conservation can be entrusted to a third party with an outsourcing contract.

 

So what should the right approach to this issue be?

 

It should be as open an approach as possible, considering that the law places fewer restrictions than is thought. In fact, the law provides the tools, but does not place restrictions on the freedom of the interested parties to define procedures. So, plenty of scope for autonomy of negotiation.

 

posted by admin on ottobre 7, 2011

Electronic signatures, Events

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Professor Giusella Finocchiaro has been designated as the Italian representative at UNCITRAL (United Nations Commission for International Trade Law) – WG on electronic commerce.

The United Nations Commission will begin its work on on Electronic Commerce on Monday 10 October in Wien.

In the past, the UNCITRAL has led the development of electronic commerce by adopting the Model Law on Electronic Commerce (1996), the Model Law on Electronic Signatures (2001) and the United Nations Convention on the Use of Electronic Communications in international Contracts (2005).

posted by admin on gennaio 2, 2011

Events

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Law & the Internet, the international version of the Finocchiaro Law Firm’s blog is now available.

Our new venture aims to offer an update about Italian laws dealing with the Internet and new technologies to everyone who wishes to keep up with these developments in English. The need for our new English language blog is a natural consequence of a considerable increase in activity on the international scene by Giusella Finocchiaro and her law firm.

The most frequently debated topics on the new blog will be: Privacy, Data Protection, Electronic Commerce, Electronic Signatures and Intellectual Property Rights.

Law & the Internet is one of the first extensive sources of information in English on Internet law in Italy.

The Finocchiaro Law Firm aims to offer new source materials through this new service in order to make its own personal contribution to the international debate in this field.

 

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