News

  • 26 july 2016

    Oil&Gas: new opportunity

    Now available the new research from Marazzi&Advisors on "Oil & Gas: New Perspectives, intellectual property protection and business opportunities".

    In attached a short version, with index and one case study, in order to take full version please contact i.cervini@madv.eu




    Oil&Gas short version


  • 20 may 2016

    Wales and Scotland: new frontiers

    Marazzi & Advisors hosted a delegation from the Welsh Governent "Llywodraeth Cymru”  and a Scottish delegation representing “Scottish Development International” to evaluate each other's country opportunities.

    Issues were discussed in new business and investment opportunities for both nations of which we summarize some key points of market attractiveness.

    Wales

    • Proximity the major European business centers:
    • 1-hour flight from Belfast and Dublin;
    • less than two hours from Amsterdam, Brussels, Dussendorf, Paris, Barcelona, Berlin and Prague;
    • 2 and a half hours from Rome and Madrid

    • Average cost of wages amounting to 64 % of London’s average;

    • Lower cost of living of all UK

    • Approximately 129.130 students divided on 8 university centers of whom 43,000 graduates a year

    • Opportunity to obtain government support for foreign investment

    Scotland:

    • High market growth, especially in the last two years

    • rapidly developing sectors:

    • lifescience
    • chemical
    • pharma
    • agroteconology
    • food and drink

    • Free recruitment and training

    • Massive State investment for startups, culture and digitization

    Marazzi&Advisors team is available for further information on specific topics and areas of responsibility.




  • 4 may 2016

    Saudi Vision 2030

    We asked Mr. Marcello Marani, Marazzi&Advisors partner, specialized in the Arabic world, a comment on "Vision 2030"

    Saudi Arabia's cabinet has approved "Saudi Vision 2030," a comprehensive plan to significantly reduce the Kingdom's dependence on oil over the next 15 years.

    "Saudi Vision 2030" was described by Bloomberg as the "biggest economic shakeup since the founding of Saudi Arabia in 1932." The drastic move comes as plunging oil prices have prompted the Saudi government to re-calibrate its strategy after its budget deficit comprised almost 15% of its economic output in 2015. Oil accounted for 72% of Saudi's total revenue in 2015, according to the IMF.

    Saudi Arabia's deputy crown prince Muhammad bin Salman

    This objective will be achieved by focusing on privatizations, additional cuts in government subsidies, the sale of part of Saudi Aramco, and the creation of a $2 trillion Sovereign Wealth Fund, according to the official SPA news agency. The plan includes regulatory, policy and budget changes that will be enacted over the next 15 years to decrease the Kingdom's dependence on oil.

    Planned Sale Of -5% Of Saudi Aramco.

    The Council of Economic and Development Affairs (CEDA), led by Saudi Deputy Crown Prince Mohammed bin Salman, spearheaded the development of "Vision 2030." King Salman, commenting on the cabinet's passage of the initiative, said, "We hope citizens will work together to achieve Saudi Vision 2030." In an interview with Al Arabiya News Channel, the deputy crown prince reiterated the kingdom's plan to sell less than 5% of Saudi Aramco in an initial public offering (IPO). Reuters reported him as saying in the television interview that he expects Aramco to be valued at more than $2 trillion. He added that he wanted it to be transformed into a holding company with a board that is elected. He then said that subsidiaries of Aramco would also be sold via the IPO. "The 5 percent is from the parent company," Reuters reported him as saying in the interview.

    "The vision is a road map of our development and economic goals. A part of that is related to Aramco and this is a very small aspect," Prince Mohammed bin Salman said in the interview.

    Details Unveiled In Coming Weeks

    The economic details of "Vision 2030" are expected to be released over the next 4 to 6 weeks, Arabnews.com reports. These details include regulatory changes, a series of state budget reforms and policy plans for the next 5 years, called the "National Transformation Plan."

    Bloomberg, citing political analysts, observed that the crown prince's efforts could foster resentment among a population "accustomed to government largess and power circles stunned by the rapid rise of the 30 year-old prince..."

    King Salman: A Reformist Monarch

    In a televised speech in mid-December, King Salman decreed economic reforms aimed at diversifying sources of revenue and decreasing high dependence on oil amid the steep decline in crude prices.

    Saudi King Salman Bin Abdulaziz

    And in late December, the monarch released Saudi's 2016 budget, which includes plans to reduce a record state budget deficit through spending cuts and efforts to raise revenue from non-oil sources.

    The Saudi government ran a record deficit of 367 riyals ($97.9 billion) in 2015. Its 2016 budget seeks to reduce that to 326 billion riyals. This year's budget forecasts spending of 840 billion riyals. That's down from 975 billion in 2015. The original budget plan for 2015 forecasted spending of 860 billion riyals.

    Revenues for 2016 are forecast at 514 billion riyals, down from revenues of 608 billion riyals in 2015. Last year's original budget plan projected 715 billion riyals of revenues. Oil revenues are expected to reach 444.5 billion riyals, representing 73% of the total revenue. That is 23% less than oil revenue during 2014. Non-oil revenue increased from 126.8 billion riyals in 2014 by 36.7 billion to 163.5 billion riyals- an increase of 29% compared to last year.

    Laywer Marcello Marani: “The goal of decreasing dependence on fossil fuels as sources for the production of energy, of which humanity has even greater need, part of the general topic of environmental sustainability. Other Middle Eastern countries are in fact preparing policies and initiatives to strengthen the commitment to the environment and sustainable development, as a response to the natural eco-system changes that have occurred at national and global level. Among them the United Arab Emirates, which have put the environmental issue as a major concern, considering it as the key element in achieving sustainable development, and to this end, in February 2016 was established the Ministry of Environment and Water Resources (MoEW).

    As early as August 2009, the Supreme Council of Energy in Dubai had been established (DSCE), whose mission is to ensure that the economic growth of the emirate has everything it needs to the future, providing energy at a reasonable cost and reducing the negative environmental impact. The Authority will need to develop new energy funds in such a way that the emirate itself is less dependent on its own oil resources. Relating to the "Sustainability", there are many scientific research that the United Arab Emirates are putting in place, with substantial funding, including the study of a fuel made from algae that grow in abundance in the desert to be used for propulsion of the aircraft, the creation of micro-cells and extremely high yield to be inserted in installations of photovoltaic panels.

    In this regard, the invitation that the claim of Dubai EXPO 2020 addressed to humanity is to unite all those who can make contributions to the study of new sources and methods of producing clean energy, and is more than implied that the interest of attraction to the Emirates is targeted not only to the "minds" but also the "capital" that serve to finance them to devise and organize an environmentally sustainable development that takes into account the natural changes in the ecosystem. "

    About Marcello Marani: He was born in Bologna in 1961 and there graduated from the University, company lawyer, mediator with professional certification from 2010, a practicing lawyer since 1992, paying its business consulting and assistance mainly in favor of companies (including multinationals ) and in particular in the areas of commercial law, corporate law and intellectual property law, both in contracting (national and international) and in that litigation. And 'member of the Licensing Executive Society (LES Italy).




  • 5 april 2016

    Prof. Marazzi at MIBE

    We are pleased to publish the lecture held today by Professor Marazzi in the context of the Master degree in management - MIBE, at the prestigious University

    of Pavia entitled: "Business Law and Cultural Management. The legal environment of international business managing cultural differences."

    The topic of the lecture focuses on the legal framework applicable to international business transactions and on managing cultural differences in a global context, through an analysis of real case studies.




  • 24 march 2016

    Fabio Marazzi writes an article on Pharma and Chimicals technical magazine

    We are pleased to share with you in attachment, the article "Evolution never stops in the pharma industry" wrote by Fabio Marazzi and published on the scientific journal Pharma and Chimicals,released during the DCTA (Drug, Chemical and Associated Technologies Association) meeting, one of the high level of the sector, in which the Pharma and chemical world meet to share and implement projects and new technologies.

    The pharmaceutical industry is still undergoing significant changes with a strong trend toward personalized medicine, new types of therapies, new types of products and production processes. 

    On these topics Marazzi & Advisors was asked to give his opinion with a strong experience in serving the pharmaceutical industry by providing insights, in a multidisciplinary contribution between legal, scientific, and new business and services for pharmaceutical operators.




    Download pdf article


  • 24 march 2016

    Azerbaijan, business opportunities and incentive schemes for foreign investments

    We are pleased to share with you an outline about Azerbaijan. The document describes business opportunities in the country and measures to support foreign investment in priority sectors. In fact, the country which had a strong development starting from the 2000, presents several business opportunities for foreign investor. Government streamlined the regulation, thus creating a business friendly environment and new incentive schemes have been approved, in order to promote new foreign investments.




    Download pdf article


  • 21 march 2016

    Prof. Marazzi and Dr.Mina will be speakers at the Azerbaijan round table "Investment opportunities in the country"

    We are pleasant to inform you that Prof. Fabio Marazzi, Marazzi & Advisors senior managing partner, and Dr. Alberto Mina, Marazzi & Advisors institutional relations and business development, will be speakers tomorrow, March 22, at the Azerbaijan round table "Investment opportunities in the country" organized by Confindustria, Assolombarda Milan Monza and Brianza.

    Focus is to present the opportunities that the country has to offer in the agro-alimentar sector.
    Azerbaijan infact, is going through a period of transformation of the national economy with the fundamental objective of reducing dependence of the Azerbaijani economy from foreign. Special attention is turned to the agribusiness sector, which has competitive advantages, in particular:
    - packaging;
    - innovative agricultural production;
    - chemicals for agriculture;
    - milk network.

    The agri-food sector represents a great investment opportunity that will be shown during an interactive Round Table with an overview on the country and a focus on the opportunities and best strategies to approach the Azerbaijani market in the specific sector. 

    To participate you need to register (Alessandra Salina:alessandra.salina@assolombarda.it)

    http://www.assolombarda.it/servizi/internazionalizzazione/appuntamenti/azerbaijan-opportunita-di-investimento-nel-paese-2




  • 10 march 2016

    E-Commerce: clarity and its regulations

    (Abstract of workshop during Smau Padova 2016, 10th-11th March)

    Abstract of the interview to Nicolò Ghibellini, partner Marazzi & Advisors member of IBL, and Dr. Beniamino Lo Presti, Studio Varé Lo Presti member of IBL, respectively experts on legal and tax issues relating to e-commerce, speakers at SMAU 2016 in Padova.

    Nicolò Ghibellini: "The market is increasingly competitive and constantly changing and modernizing, thus calling for a correct approach when entering the web. The need for direct and clear support on legal requirements to fully tap into the world of e-commerce is therefore growing. 

    Most of the companies today understand that the online dimension has permeated the daily life and that opportunities are not limited to commercial platforms but that the web can also be used as a tool to deliver services with ease, rapidity, speed and intuitiveness. 

    My work" continues Ghibellini "is therefore to thoroughly investigate the matter and define the scope and rules to follow to make an e-commerce website in accordance with law, protecting the companies and at the same time respecting the rights of users / consumers that were close to the web requiring absolute security, speed 'and simplicity. 

    Our duty as specialists in the field is therefore to specify the rules for the creation of the website, with particular attention to the protection of corporate know-how and security in data management (for the protection and respect for privacy), as well as reliability in 'service delivery (order management, delivery, ...). Marketing and legal fairness go hand in hand in the web world and digitalization. " 

    Dr. Beniamino Lo Presti remarks that: "tax rules are relevant in the regulatory environment of e-commerce, with regard to, in addition to domestic discipline, Article 5 of the OECD Convention. And 'significant meaning the necessary attention to the allegations made during the investigation, given the potential configuration of a permanent establishment, and the resulting and consequent fulfillment. 

    Tax authorities and law enforcement tend to increasingly recognize e-commerce as an elusive phenomena (a judgement often ungrounded and un-motivated), inhibiting and sometimes severely punishing an activity which by its very nature is characterized by a significant business potential.

    The purpose of the initiative is to discuss, in addition to the undisputed e-commerce business opportunities, possible solutions aimed at overcoming the potential pitfalls generated by tax assessments, often caused by a regulatory framework which is not immediately and easily applicable, in this way avoiding potential obstacles to the development of a valuable and productive tool for companies, which are increasingly waving towards the adoption of effective and innovative methods for the acquisition of new markets.




  • 7 december 2015

    Fabio Marazzi writes an article for the French magazine Pouvoirs Locaux

    We are pleased to share with you the article "Existe-t-il une simplification à l'Italienne" of Fabio Marazzi for the French magazine Pouvoirs Locaux, a quarterly of the "Institute de la gouvernance territoriale et de la décentralisation". 

    The Institute is a think tank that deals with the public governance and consists of a network composed by 60 members including Regional councils, City councils, inter-municipal bodies and companies.




    Download pdf article


  • 1 december 2015

    Fabio Marazzi speaker at UnBound London, International symposium on innovation

    We are pleased to inform you that Fabio Marazzi, Senior Managing Partner of Marazzi & Advisor, has been invited as speaker at the next edition of "UnBound London", which will be held from 30 November to 2 December 2015. Chaired by Yossi Vardi, Unbound London is the most exciting festival of innovation in the UK linking leaders and companies in the growth phase and digital ecosystems worldwide. 

    The focus will be on innovation and digital future with creative insights on consumer connected, the creativity of communication and the Internet; two days of networking between brands and multinational companies with disruptive technology to fuel innovation and growth. 

    Fabio Marazzi expert in international law will share information about: How Italy is trying to boost innovation: the new regulatory framework. 

    Further information on the event can be found at the following link :

    http://www.italchamind.eu/




  • 25 november 2015

    Stefano Migliore speaker at the event

    We are pleased to inform you that Stefano Migliore, - Managing partner of Exco Consulting - and member of I-Business & Law, a network of consulting firm created by Marazzi & Advisors will participate as speaker at the event: South Africa: which opportunities together with Andrea Noris partner of Marazzi & Advisors. 
    The event will be held on Thursday, 26th November from 9.30 am to 4.30 pm, in Turin and will be organized by the Turin Chamber of Commerce. The presentation will be focused on the different steps needed to enter and operate successfully the South African market. 

    Further information on the event can be found at the following link:https://www.to.camcom.it/sudafrica-quali-opportunità 
    For those interested in participating , it is possible to access the event with free entry by sending an email to: estero@to.camcom.itestero@to.camcom.it




  • 30 october 2015

    Investments in Switzerland, the Ticino Canton

    Switzerland represents one of the most interesting markets in Europe to create a new company. The Confederation has a strategic location at the center of Europe, high skilled workforce, a corporate law and a bureaucracy that facilitate company activites. Switzerland in fact scores high in International rankings such as Wold Bank Doing Business 2016.

     

    Creation of a new company

    The creation of a new Aktiengesellschaft (AG) company, (roughly equivalent to a Corportation) it's really fast and usually it takes just one or two weeks and the shareholders are liable only for the capital subscribed.

    The labor regulation provided for simplified procedure in case of workers dismissal (if compared to other coubtries located in Europe) and social security contributions amount to 15%-20% of gross salary.

    Following, we provide a description about the creation of a new company (NewCo) in the Canton Ticino, one of the 26 Cantons in Switzerland and the closest to Italy. The strategic reasons for the investment and the establishment of a NewCo in Canton Ticino can be summarized as follows:

    • Fiscal competitiveness:
      The Canton is fiscally competitive both at a national and international (total tax rate is below the Swiss average):

       

      - Effective corporate rate tax 19,5% of net profit

      - Value-added (IVA) 8% the lowest in Europe.

    • Incentives on innovative business 
      The Canton promotes trough the "Copernico Project" the establishment of new corporate structures with highly innovative products and processes. Main incentives are the following: Grant on investments amounting to 10-25% of the investment value (minus real estate) depending on the innovative content of the project and the number of new jobs created. Tax relief, which can apply to only the new companies, are represented by the exemptions cantonal taxes on profit and capital for a maximum period of 5 years, or 10 if the project is of particular relevance. The Canton will adopt a new law on innovation starting from January the first 2016 that could lead to new incentives and benefits for companies willing to establish a company in Canton Ticino.
    • Flexible labor market and skilled workforce: 
      The Canton has a very flexible labor market and limited bureaucracy in the case of staff recruitment/lay off. Social security contributions paid by the company are very low (typically equal to 15.05% of gross salary). The Canton has a great availability of qualified staff thanks to the presence of technical institutes and universities in the area.
    • Geographic location 
      The geographic position of the Canton is strategic to reach the European customers. Several advanced logistic company are located in the area. Customs services are modern, fast and efficient and provide maximum mobility of goods and people. Canton Ticino and Switzerland are characterized by economic, political and social stability, and widespread knowledge of English.



  • 24 september 2015

    Brazil economy, interview with Luciano Radici, Marazzi & Advisors' local senior advisor

    Luciano Radici senior advisor- to Marazzi & Advisors for the Brazilian market has recently relocated back to Brazil after a two year period spent in the USA, where he launched a start-up in the oil and gas and construction industries. His previous permanence in Brazil lasted over six years from 2007 to 2013. While resident in Brazil his responsibilities were to manage textile industrial operations and supervising an engineering plastics’ company, where he represented the enterprises in their perspective associations. He was a member of GEI (Gruppo Esponenti Italiani), a group of Italian managers formed with the intent to help Italian companies successfully grow within the Brazilian economy. More importantly in 2009 he was appointed as a vice director to CIESP (Centro das Industrias do Estado de São Paulo) for the São Jose do Campos chapter; this association is the biggest entity that represents the industrial sector in Latin America.

    Question: On September 9 th , Standard and Poor’s downgraded Brazil debt to non-investment grade, what could be the impact on existing investments and perspective investors? What are, in your opinion, the perspectives for Brazil’s economy in the medium to long term?

    L.R. : What happened on September 9 th was inevitable and a situation that had been in the making since Luiz Inácio Lula da Silva’s second presidential term. The nation had bet on a persisting high value to their export commodities, an internal growth based on credit, high government spending, and an increase of participation to the economy of lower income households through a widespread program of income redistribution. Furthermore, the country’s reputation has been damaged by the discovery of widespread corruption within major government sectors of the economy, and lack of transparency. 

    Like any country that invests poorly and spends irrationally, at some point someone has to cover the bill.

    The impact on current investor’s in Brazil has already taken place. The foreign companies that invested in the major industries and commodities market have already seen most of its investment value decrease both in equity terms, as well as the value in foreign currency as the Brazilian Real today is at its lowest value to the US dollar since its creation in 1994. I expect that further outflows of capital will occur when the Moody’s and Fitch will follow the S&P’s downgrade, but this should primarily now affect funds that require more than one of the big rating companies to divest. The good news is, that for perspective investor’s, this also represents an opportunity to “buy in” to an important developing economy at a discounted price.

    Despite the current situation, Brazil continues to have a huge potential both as a consumer market and one rich in resources; it is going to rebound when the conditions are right. In the medium term, much of the uncertainty will continue to persist as the political environment is unstable and the government is unable to formulate an economic strategy for the medium to long term. Although this would suggest that companies’ interested in putting a foot in the country should wait, I argue the contrary; now is the time to wisely investigate all the opportunities the country presents. In the long run Brazil will continue on its growth path, but I would be careful in defining exactly what that means in months or years; the political standstill needs to be resolved for that to be clear.

    Question: Talking about investing in Brazil we often hear about “ Custo Brasil” . Is there any method to offset this cost? Did you support investors giving them advice to reduce the costs to operate in Brazilian market?

    L.R.: This is a question that hits at the heart of Brazil as an opportunity, or Brazil as a nightmare for a foreign direct investor. The “ Custo Brasil ” is not determined only by the costs as defined by the income statement, but it goes a lot further and it involves the labor market, the different regions, and the complex fiscal system as well as the tendency of the government to constantly review incentives and taxation, thereby creating significant distortions in the market economy.

    From an income statement perspective it’s like any other country; today with the devaluation of the Real even some industries that might have found its local operating costs high could now be considered adequate for their business. The economic crisis has positively impacted this aspect of the cost of doing business; real estate prices are down, workers’ expectations are lower, and resource availability has grown.

    The real “ Custo Brasil ” is a more settle one, but one that normally determines success in the long term. One should not adventure into Brazil without the assistance of an expert advisor. They need to be able to analyze the needs of the company as they pertain to the importation of goods and equipment, their local availability, logistics, and the fiscal impact of sourcing from different areas. The location of the target clientele is also important, as states apply differentiated taxes depending on the industries and type of enterprises and the entities’ location within the federal union. More importantly, a company has to be able to have a clear idea of the final fiscal impact of all its transactions so to minimize the hidden “ Custo Brasil ” on its operations. This might be news to the readers, but once one has done its homework correctly, Brazil might be a good place to do business after all.

    I cannot stress enough the importance of doing this work before one enters into the country.

    Question: What are the most interesting sectors in Brazil for foreign companies?

    L.R.: Unless you are a Fortune 500 or Blue Chip company, I would not recommend investing in Brazil in the oil and gas, mining, automotive, textiles, communications, or real estate markets at this time. This is also true for smaller businesses that primarily serve these major markets as “ Custo Brasil ” might be harder to reduce as they generally play on a global market level. These are the markets that have been hit by the current political and economic crisis; inversely other markets have been positively impacted. Interestingly enough, the markets where medium to small Italian businesses thrive are the ones that present the best opportunities.

    Companies that have a high quality and/or brand recognition in Italy should consider investing in Brazil. This for Italian companies is great news, 25% of Brazilians are of Italian origins and they are concentrated in the southern richer part of the nation. They love everything that is associated with Italy and have an innate sense of good taste. Brazil varies a lot from north to south and one might believe to be in a different country altogether when in Curitiba or in Salvador. Also, today’s spending by social classes has changed little and increased our companies’ opportunities. The richer classes (A and B) represent 30% of the population in the big cities and are responsible for 60% of growth; the top 5% represent 20% of overall spending. The rest of the population is also attracted by all that is “Italian”, and another general trait that Brazilians have is positive for Italian retail companies; they love to be seen and will normally spend more than they can afford.

    Other companies that should consider investing in Brazil are companies that have a unique technical product. Crisis are by definition also opportunities where even big companies are looking for a more efficient and technical solution to their challenges. Normally these are found in small to medium size enterprises that have been serving solutions to big industries for decades, but have been too small or badly supported to venture out of their comfort zone. Also in this respect Italy has many companies that fall into this category, and have a tradition of backyard innovations in the tooling, mechanics and machinery industry only to name a few. Companies that serve the aviation, farming and agriculture, and infrastructure are just a few examples of industries that could benefit from the innovation and uniqueness of our industrial products.

     

    If the reader is thinking I am talking about their business, I hope my message is clear, start considering Brazil for your company; there is no better time to start than today. For more information we kindly invite you to write an email at the following address: info@madv.eu

     
     



  • 1 september 2015

    Colombia, a new investment destination in Latin America

    Colombia, is experiencing a process of development started in 2002, which makes the country one of most interesting investment destination in a continent where other countries such as Brazil have begun a period of recession. The country has had a Gdp growth since 2002 and even during the global financial crisis (2008-10) the economy expanded by 3% per year. The increase in Gdp determined also a decrease in unemployment from 15,6% in 2002 to 9% in 2014.

    The segment of population below poverty line has almost halved compared to 2002, while middle class increased, reaching 31% of the population in 2014, a potential market of 12 million people. Gdp per capita in the period 2005-14 increased from 2.700 Us Dollar to 7.780 supporting a growth in private consumption that will continue in the next four years at a rate of 4,7%. During 2014-18 according to World Bank, growth is forecasted at 4% per year period outpacing others Latin American countries that will grow at 2% per year.

    Investiment climate

    World Bank' Doing Business 2015 ranks Colombia as the 34th best country in the world for doing business ahead of all countries in South America, even more developed ones such as Chile, Mexico and Brazil which is ranked 120th.

    Foreign direct investment has reached an average of 16 Bn. U.s. Dollars per year in 2012-14, while the country has increased exports; amounting to 54 Bn. U.s. Dollar in 2014 compared to 13 Bn. in 2002, thanks also to trade agreements signed with 45 countries in the world.

    Colombia offers also tax incentives to attract new investments and to create new jobs. In fact, the regulation allows for an income tax and payroll contribution discount for a period of two or three years depending on condition described below.

    If the company hire employees under 28 years and/or new women employees above 40 years old, (unemployed by more than a year), there will be incentives for a period of two years per employees. If the company hire a person certified in disability, displacement or reintegration the benefit will last for three years. The country also hosts several Special Economic Zones in which the corporate income tax is reduced, import duties are not levied while giving the possibility to sell products manufactured in the Sez also on the local market.

    The most interesting sectors for investment are: automotive, cosmetics and toiletries, building materials, agribusiness, Ict and fashion industry. 




  • 31 july 2015

    Italian Jobs Act, remote control of workers

    The remote control on the workers is a complex and debated issue. The complexity comes from the fact that the legal implications are manifold, in terms of privacy legislation and regarding the requirements imposed by Law 300 of 1970 (the Italian Workers' Statute).

    The topicality of the subject is determined by the "Jobs Act" Legislative Decree, the implementation of which, will change the Italian labor laws impacting on Article. 4 of the Statute of workers.

    The Privacy Guarantor has been concerned by the problem, obviously with greater attention to the protection of personal data rather than the employment relationship in the strict sense.

    The Guarantor admits the possibility to process workers data by means such as instruments of remote control (e.g. GPS), provided, of course, the specific and express consent of the employee; the authorization of the worker is not required if an agreement with the Labor Unions representatives is joined or in case there is an authorization from the Territorial Directorate of Labour (DTL).

    The same Guarantor then stated that, in any case, the remote control activity can not become a continuous monitoring of the employees since in this way the control purpose would illicitly prevail on the purpose of better organization, efficiency and safety of work (aspects that justify the adoption of similar means). As mentioned above, this arrangement must then be coordinated with the Workers' Statute requirements, legislation considered only incidentally by the Privacy Authority.

    The Article. 4 of Law n. 300 of 1970, in force until today, allows the use of equipment aimed at controlling workers only after an agreement with Labor Unions or an authorization by DTL.

    As before reported, due to the upcoming implementation of the Jobs Act, the mentioned provision of the Workers' Statute , will change. In particular, concerning the necessary arrangements, the labor reform distinguishes between use of audiovisual equipment and working tools / badge, as summarized below.

    a) audiovisual equipment and tools that may remotely monitoring the workers' activity

    These types of instruments, necessary to improve efficiency and safety at work, continue to be deemed invasive; therefore, it remains the need of a preliminary agreement with Labor Unions (even with the most relevant representatives at national level) or, alternatively, with a previous authorization obtained By the DTL or the Ministry of Labour.

    b) Tools used by the employee to carry out his job and to record accesses and attendance

    This is the area in which the reform will intervene with more strength, allowing companies to monitor the activities of their employees through Personal Computers and badge, without any special required authorization (considering, of course, the requirements on privacy ).

    At the same time, this aspect of the reform is the one that will result in major interpretative doubts because, at least in the current version of the Act, it is not entirely clear when a tool is to be allowed for recording access / attendance and not also the remote control.

    It is possible to say that, despite the vast echo the Jobs Act has, many companies will not find in it the expected answers, especially in the field of remote controls by means of technological tools (the GPS, for example, which should continue to be subject to the requirements of the "old" art. 4). In fact, as mentioned, the company will have to obtain an authorization by Labor Union Representatives and DTL which (in particular, the latter) not always implement an homogenous and clear praxis, remaining to date substantial differences in interpretation, depending on the Directorate to which the company made the request.






webdesign >>