GDPR

1. Normative context and purpose

As of May 25, 2018, Regulation (EU) 2016/679 – GDPR is directly applicable in all Member States of the European Union.

In Italy, the regulation is implemented through the Personal Data Protection Code, under the supervision of the Garante per la protezione dei dati personali (Italian Data Protection Authority).

The main objectives of the GDPR include:

strengthening data subjects' control over their personal data;

ensuring transparency and security in data processing;

defining clear responsibilities and compliance obligations.

2. Scope of application

The GDPR applies, among other things:

to entities established in the European Union, regardless of where data processing takes place;

to non-EU entities that offer goods or services to users located in Italy or other Member States, or that monitor their online behavior, for example through Cookies or tracking technologies.

Processing carried out for exclusively personal or domestic purposes remains excluded.

3. Fundamental principles of data processing

All processing of personal data must comply with the principles established by the GDPR, including:

lawfulness, fairness, and transparency, based on a valid legal basis;

purpose limitation, with data used only for specified and legitimate purposes;

data minimisation, limiting collection to what is necessary;

accuracy, with data updated when appropriate;

storage limitation, avoiding periods longer than necessary;

integrity and confidentiality, through appropriate technical and organisational measures.

4. Rights of data subjects

Under the GDPR, data subjects can exercise, within the limits provided by law, the following rights:

right to information and access, to know the data processed and obtain a copy thereof;

right to rectification, in case of inaccurate or incomplete data;

right to erasure (right to be forgotten), when the conditions provided are met;

right to restriction of processing, in specific situations;

right to data portability, in a structured and readable format;

right to object, in particular to processing based on legitimate interests.

For individuals under 18 years of age, data processing requires the express consent of the holder of parental responsibility, where applicable.

5. Obligations of data processors

Those who process personal data are required to comply with a series of obligations, including:

operating according to the documented instructions of the data controller;

adopting appropriate security measures, such as encryption, access controls, and system protection;

responding to data subjects' requests within the prescribed time limits;

notifying personal data breaches to the competent authorities and, if necessary, to data subjects;

maintaining records of processing activities;

carrying out, when required, a Data Protection Impact Assessment (DPIA);

appointing and communicating a Data Protection Officer (DPO), where provided.

6. Data transfers to third countries

The transfer of personal data outside the European Economic Area (EEA) is permitted only in the presence of adequate safeguards, such as:

an adequacy decision adopted by the European Commission; or

the adoption of Standard Contractual Clauses (SCCs), possibly accompanied by supplementary security measures, such as encryption.

7. Supervisory authority and sanctions

In Italy, the Garante per la protezione dei dati personali is competent to:

carry out control and inspection activities;

limit or suspend non-compliant processing;

apply administrative sanctions that can amount to up to 20 million euros or 4% of the global annual turnover, whichever is higher.

The GDPR also allows for instructions to be given regarding data processing after death; in the absence of instructions, such rights may be exercised by heirs according to applicable law.

8. Relevance of the GDPR

The application of the GDPR contributes to:

improving protection and transparency for users;

strengthening compliant data management in digital services;

promoting a more reliable digital ecosystem, in line with Google and Google Merchant Center policies.

9. Contacts

To exercise the rights provided by the GDPR or for requests related to the processing of personal data, you can contact the Data Protection Officer (DPO):

Email: info@casapail.com