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International In-house Counsel Journal logoInternational In-house Counsel Journal logo

Covid-19 - Fundamental Rights and Freedoms: From the Adoption of Restrictive Measures to the Day-By-Day Management of Companies

Abstract

The emergency context resulting from the spread of Covid-19, which has involved all continents and national states, has led to the need, in democratic states, of adopting all means and measures aimed at limiting the spread of the same while balancing the different interests at stake and respecting the fundamental rights and freedoms of individuals. As jurists, we cannot refrain from evaluating this situation and the measures that have entailed and entail a limitation of fundamental rights and freedoms, even tough, in this case, by reason of protecting health. In fact, despite the extraordinary and exceptional nature of what is happening, what distinguishes the democratic states is the ability to accept and justify limitations and derogations but within a correct balance of rights in order to ensure the proper maintenance of the democratic system.

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Authors

Portrait image of Alessandra Capomagi
Alessandra Capomagi
Corporate Data Protection Advisor , Recordati S.p.A, Italy

Lawyer with several years of experience in data protection (EU General Data Protection Regulation no. 679/2016 “GDPR” and Legislative Decree no. 196/2003 and s.m.i. “Privacy Code”) and civil and commercial law gained in primary law firms and multinational companies.

Portrait image of Carlo Impalà
Carlo Impalà
Partner, Morri Rossetti & Associati, Italy

As Head of TMT and Data Protection team of Morri Rossetti, Carlo provides legal advice to national and international Clients operating in the information and communication technology sector, as well as in the digital innovation, e-commerce and online advertising sectors. In particular, he deals with corporate and commercial law, extraordinary corporate transactions, preparation and implementation of corporate governance and compliance models (in particular with reference to data protection law). He has an extensive knowledge of the law and regulation applicable to Internet, online publishing and advertising, privacy and data protection, telecommunications, copyright, e-commerce, information technology and outsourcing. Graduated in Law, magna cum laude, at the University of Palermo, he received an LL.M. in Advanced European Legal Studies at the College of Europe in Bruges (BE), he also attended an Executive Master in the field of digital Business at the Business School of IlSole24Ore, specializing in digital business and related legal aspects. Carlo developed several professional experiences in leading international law firms, both in Italy and abroad, as well as at the Judicial Cooperation Office of the Italian Permanent Representation to the EU in Brussels (BE). Carlo is Data Protection Officer and Privacy Consultant certified in accordance with Certification Schemes QI 600101 and member of Federprivacy. He is also member of the working group “GDPR” of the American Chamber of Commerce in Italy.

Portrait image of Giorgia Valsecchi
Giorgia Valsecchi
Associate of TMT and Data Protection Department , Morri Rossetti & Associati, Italy

Giorgia collaborates with the TMT and Data Protection Department focusing on law and regulation applicable to privacy and data protection, internet, online publishing and advertising, e-commerce, and information technology. She also focuses her activity on the negotiations and drafting of commercial contracts. Before beginning her collaboration with Morri Rossetti e Associati, she gained her professional experience in a Milan-based firm working with the internalization and compliance departments. Graduated in Law from the University of Milan with a thesis on Commercial Law, she attended one academic semester in Norway at the University of Bergen. Qualified as a lawyer in 2020, she is a member of the Italian Bar Association in Milan.

Companies

Recordati S.p.A logo

Recordati S.p.A

Recordati, established in 1926, is an international pharmaceutical group, listed on the Italian Stock Exchange (Reuters RECI.MI, Bloomberg REC IM, ISIN IT 0003828271), with a total staff of more than 4,300, dedicated to the research, development, manufacturing and marketing of pharmaceuticals. Headquartered in Milan, Italy, Recordati has operations in Europe, Russia and the other C.I.S. countries, in Ukraine, Turkey, North Africa, the United States of America, Canada, Mexico, some South American countries, Japan and Australia.

Morri Rossetti & Associati logo

Morri Rossetti & Associati

Morri Rossetti & Associati is a law and tax firm that provides integrated consultancy to its Clients. Morri Rossetti combines the accurate, flexible and customized service typical of 'boutique firms' with the working standards and methods used by large professional networks. The Firm supports its Clients in ordinary business, but also in delicate and more complex issues, always delivering the most suitable solution. The versatile organization and our professionals' capacity to collaborate synergically provide our Firm a natural flexibility and an ability to deal with our Clients' needs with both efficient and creative solutions. Our Firm assists listed companies, multinationals, family-owned businesses, asset management companies and financial intermediaries, as well as private clients. We often support entrepreneurs and real estate portfolios in intergenerational transfers or in sale transactions.

Morri Rossetti & Associati logo

Morri Rossetti & Associati

Morri Rossetti & Associati is a law and tax firm that provides integrated consultancy to its Clients. Morri Rossetti combines the accurate, flexible and customized service typical of 'boutique firms' with the working standards and methods used by large professional networks. The Firm supports its Clients in ordinary business, but also in delicate and more complex issues, always delivering the most suitable solution. The versatile organization and our professionals' capacity to collaborate synergically provide our Firm a natural flexibility and an ability to deal with our Clients' needs with both efficient and creative solutions. Our Firm assists listed companies, multinationals, family-owned businesses, asset management companies and financial intermediaries, as well as private clients. We often support entrepreneurs and real estate portfolios in intergenerational transfers or in sale transactions.

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