Italy. Comprehensive data protection. Act

Codice PrivacyPersonal Data Protection Code, Legislative Decree No. 196 of 30 June 2003 (Codice in materia di protezione dei dati personali)

In force
Partly verifiedMedium confidence. No verification notes recorded.

§1Summary

Synopsis

Italy's Privacy Code, as amended in 2018, supplements the GDPR, sets national legal bases for public tasks and contains the ePrivacy rules in Title X. It includes criminal offences and research rules.

Key themes
  • national GDPR derogations
  • age of consent
  • DPO
  • employee data
  • criminal offences
  • supervisory authority powers
Unique features

Age of digital consent (GDPR Art 8): 14. Criminal offences for unlawful processing and large-scale data acquisition (Arts 167-167-bis); employee monitoring also governed by Workers' Statute Art 4; post-mortem rights; Garante can issue general measures and codes of conduct.

SaaS relevance

Applies alongside the GDPR to any SaaS provider established in, or targeting users in, this country; national rules on age of consent, employee data and offences shape onboarding and HR-related features.

§2Obligations

Extraterritorial
Limited
Breach notification
Authority 72h; individuals without undue delay (GDPR Arts 33-34)
DPO
Conditional
Cross-border transfers
GDPR Chapter V (adequacy/SCCs/BCRs)
Maximum penalty
GDPR Art 83: €20m or 4% global turnover; criminal penalties

§3Dates

Key dates
  • Adopted
  • In force
  • Adapted to GDPR by D.Lgs. 101/2018 (in force 2018-09-19); further amended 2021 (D.L. 139/2021)

§4Text and authority

Text
Authority
Garante per la protezione dei dati personali

§5Where it applies

Domestic law of
Italy

§6Sources and verification

Sources consulted
Verification

Medium confidence.

Partly verifiedMedium confidence. No verification notes recorded.