Corporate governance, Compliance and 231/01

Corporate Compliance and Corporate Criminal Law

Lexsential’s professionals, by leveraging the interdisciplinary expertise within our working groups, assist client companies by providing corporate secretarial services and ensuring compliance. This includes drafting and updating business organisation and management models, such as those provided for by Legislative Decree 231/2001. Our compliance efforts also encompass internal corporate investigation.

The assistance offered by the Corporate Team extends to a wide range of potential liability scenarios related to corporate criminal law, aimed both at preventing and defending against criminal activities in various areas, including:

• banking and finance;
• corporate and bankruptcy law;
• tax, environmental;
• employment;
• public administration;
• the right to information;
• of the so-called “criminal liability of entities” (responsabilità da reato degli enti).

Data protection and IT

The right to privacy and the protection of personal data are a valuable asset also for business activities, whether they concern the data subject, the data controller, or the data processor.

Nonetheless, a valuable asset carries with it higher risks and, thus, greater precaution must be taken to avoid said risks.

The set of principles and rules that guide the processing of personal data in Europe is included in EU Regulation 2016/679 (i.e., the GDPR). The set of rules has redefined the protection of data subjects who are now more exposed due to the use of automated tools for the processing and dissemination of electronic archives and databases for data storage.

The GDPR is supported by national rules and regulatory provisions issued by the Data Protection Authority. These provide additional guidance and obligations for data controllers to ensure proper, transparent and lawful processing of data.

In the field of corporate compliance, alongside that of privacy, the Firm provides its clients with support across various domains of technology law, including:

• cyber-security;
• software development and licensing agreements;
• security of information systems;
• outsourcing of IT services;
• cloud computing;
• liability of Internet service providers (ISPs);
• unfair commercial practices in the field of e-commerce;
• responsibilities of web-service providers; and
• liability aspects of content providers on the internet.