She joined the firm in 2008.
Her areas of practice are employment and pension.
She is also active in the area of commercial agency.
Reccomended by Chambers Global as an employment law expert.
Since 2002 she is a contributor to D&L Rivista Critica di Diritto del Lavoro.
Member of AGI − Italian Employment Lawyers’ Association and EELA (European Employment Lawyers’ Association).
University of Milan − Degree in Law (2001).
Languages: Italian, English
The personal data which come into the possession of Scorcelli & Partners − Studio Legale (Firm) in the course of its activity are processed in accordance with the General Data Protection Regulation (EU Regulation no. 2016/679 on the protection of natural persons as regards the processing of personal data) (GDPR).
The following information concerns the processing of the above personal data.
In this notice and the provisions of the GDPR appended to this notice:
personal data means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
data subject means an identified or identifiable natural person;
processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
controller means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data;
processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
If you instruct the Firm to provide to you legal assistance, your personal data will be processed by the Firm only as required to give full execution to the instructions received and to carry out any related accounting and administrative operations.
If you register to receive the Firm’s newsletters, your personal data will be processed by the Firm only as required to send you the newsletters for which you have registered.
The processing of your personal data may take place by way of automated processes and/or manually by the controller, the processor and/or by persons duly authorised pursuant to article 29 of the GDPR, in accordance with article 32 of the GDPR on safety measures.
The partners, the associates and the employees of the Firm are all duly authorised persons.
The processing of your personal data may take place by the use of paper and/or electronic support and devices in compliance with the principles of accuracy, integrity and confidentiality set out in article 5 of the GDPR.
In compliance with the principles of data minimisation and purpose limitation set out in article 5 of the GDPR, the storage of your personal data will be limited to the time necessary for achieving the purposes for which they are collected and processed, but in any event for a period not exceeding ten years (statute of limitations).
In accordance with article 9 of the GDPR, the processing of your personal data falling within certain special categories (i.e. "personal data revealing racial or ethnic origin, political opinions, religious or philosophical believes, or trade union membership, as well as genetic data, biometric data intended to uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation") may only take place with your consent.
In accordance with article 10 of the GDPR, the processing of your personal data falling within the category of "judicial data" (i.e. personal data revealing the issuance of the measures referred to in article 3, paragraph 1, letters a) through o) and r) through u) of Decree of the President of the Republic no. 2002/313 on criminal records, recording of administrative penalties resulting from the commission of crimes and related pending charges, or a person’s position as accused or suspect pursuant to articles 60 and 61 of the Code of Criminal Procedure) may only take place with your consent.
The Firm will request that you provide your personal data only as required in connection with the purposes described in point 2 of this notice.
Your refusal to provide to the Firm your personal data may result in the Firm not being able to carry out the instructions received from you or to send you the newsletters for which you have registered.
The Firm may disclose your personal data to the following parties only as required in connection with the purposes described in point 2 of this notice:
The Firm may also disclose your personal data for the purpose of complying with its legal obligations to parties entitled by law to receive such information.
The Firm may transfer your personal data to other European Union Member Countries, only as required in connection with the purposes described in point 2 of this notice.
The controller is Scorcelli & Partners − Studio Legale, Galleria San Babila 4/C, 20122 Milan, Telephone +39 0276390744, Fax +39 0276390681, e-mail address email@example.com.
The processor is Renato Scorcelli, Galleria San Babila 4/C, 20122 Milan, Phone +39 0276390744, Fax +39 0276390681, e-mail address firstname.lastname@example.org.
You will be entitled to exercise the following rights provided for in articles 15 to 22 of the GDPR, which are appended to this notice:
You may exercise the above rights by sending a written request by post, to Scorcelli & Partners − Studio Legale to Galleria San Babila 4/C, 20122 Milan, or by e-mail, to email@example.com.
If you believe that the Firm’s processing of your personal data infringes the GDPR, you may lodge a complaint with Autorità Garante per la Privacy (the Italian supervisory authority) (article 77).
The Firm does not use automated decision making processes, including profiling.
1. The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:
2. Where personal data are transferred to a third country or to an international organisation, the data subject shall have the right to be informed of the appropriate safeguards pursuant to article 46 relating to the transfer.
3. The controller shall provide a copy of the personal data undergoing processing. For any further copies requested by the data subject, the controller may charge a reasonable fee based on administrative costs. Where the data subject makes the request by electronic means, and unless otherwise requested by the data subject, the information shall be provided in a commonly used electronic form.
4. The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others.
The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
1. The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
2. Where the controller has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
3. Paragraphs 1 and 2 shall not apply to the extent that processing is necessary:
1. The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:
2. Where processing has been restricted under paragraph 1, such personal data shall, with the exception of storage, only be processed with the data subject's consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
3. A data subject who has obtained restriction of processing pursuant to paragraph 1 shall be informed by the controller before the restriction of processing is lifted.
The controller shall communicate any rectification or erasure of personal data or restriction of processing carried out in accordance with article 16, article 17(1) and article 18 to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. The controller shall inform the data subject about those recipients if the data subject requests it.
1. The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:
2. In exercising his or her right to data portability pursuant to paragraph 1, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.
3. The exercise of the right referred to in paragraph 1 of this article shall be without prejudice to article 17. That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
4. The right referred to in paragraph 1 shall not adversely affect the rights and freedoms of others.
1. The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of article 6(1), including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
2. Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing.
3. Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
4. At the latest at the time of the first communication with the data subject, the right referred to in paragraphs 1 and 2 shall be explicitly brought to the attention of the data subject and shall be presented clearly and separately from any other information.
5. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.
6. Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to article 89(1), the data subject, on grounds relating to his or her particular situation, shall have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
1. The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.
2. Paragraph 1 shall not apply if the decision:
3. In the cases referred to in points (a) and (c) of paragraph 2, the data controller shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.
4. Decisions referred to in paragraph 2 shall not be based on special categories of personal data referred to in article 9(1), unless point (a) or (g) of article 9(2) applies and suitable measures to safeguard the data subject's rights and freedoms and legitimate interests are in place.
"Employment law and discrimination on the ground of sex", comment on Milan Labour Court, 15.12.09.
"Again on termination indemnity due by the principal to a commercial agent in the event of termination of commercial agency agreements", comment on Supreme Court, Labour Division, 23.06.10 no. 15203.
"On the employee’s right to the severance pay (Trattamento di Fine Rapporto)", comment on Supreme Court, Labour Division, 09.03.10 no. 5707.
"Again on damages suffered by employees in the event of demotion", comment on Monza Labour Court, 23.07.09.
"Requirements of a "true" work on project", comment on Milan Labour Court, 17.11.08
"Call-center workers: employee or self-employed?", comment on Supreme Court, Labour Division, 07.08.08 no. 21380; 07.08.08 no. 21365; 01.08.08 no. 21031.
"Employees and independent contractors", comment on Supreme Court, Labour Division, 06.09.07, no. 18692, 2007
"The debate on the employment contract requirements in the light of the ’hostess case&rsquo’", comment on Supreme Court, Labour Division, 30.01.07, no. 1893, 2007
""On the employee’s refusal of medical expertise in the event of absence from work due to sickness and the reform of section 696 of the Code of Civil Procedure", comment on Milan Labour Court, 07.02.06, 2007;
"Remedies available to the employer in the event the employee pretends to be sick", comment on Milan Labour Court, 14.03.07. "Employee or self-employed? Recent developments on reported cases", comment on Supreme Court, Labour Division, 06.09.07 no. 18692.
"Evidence of demotion and burden of proof of the relevant damages: the scenario after the recent rulings of the Supreme Court", comment on Supreme Court, Labour Division, 6.3.06 no.4766 e Cass. Civ, 24.3.06 no.6572
"Section 696 of the Italian Code of Civil Procedure and the employee’s refusal of medical expertise in the event of absence from work due to sickness" comment on Milan Labour Court, 07.10.06.
"Again on the reasons justifying the employee’s absence from his/her domicile in the event of medical checks’ comment on Supreme Court, Labour Division, 06.05.05, no. 9453.
Collective dismissals pending CIGS and CDS procedures article, 2012
On temporary contracts of employment and trial period article, 2011
On case law on biological damages, article, 2010
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