lunedì 17/04/2023 • 06:00
Remote work in Italy: data protection obligations
In Italy, remote work has been on the rise following the Covid-19 pandemic. However, its establishment dates to 2017 when Law n. 81 was intended to regulate access to remote work. During the pandemic, access to remote work was allowed in a facilitated form, without prior agreement between employer and employee. The new Protocol on remote work aimed to regulate the modalities of remote work performance by including a cybersecurity and privacy perspective.
di Chiara Ciccia Romito - Avvocato in Modena
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The obligations of remote work in Italy
The first requirement that needs to be taken care of to configure remote work is related to the agreement between employer and employee. The agreement represents the first element through which the employer can regulate how remote work can be carried out and at the same time, it obligates the worker to several additional measures related to security and privacy.
The agreement states that the employer develops the ways in which remote working is to be carried out, including the hours and place of work. In particular, the location needs to ensure the confidentiality and privacy of the data processed.
Within the agreement, the employer must regulate the modalities of the right to disconnect recognized by the Protocol and according to which, the worker is allowed a period of disconnection during the remote working day.
Some of the data contained in the agreement under Ministerial Decree August 22, 2022, will have to be transmitted to the Ministry of Labour through a specific communication process made available on the Ministry's institutional website. The communication already provided in Article 23(1) of Law No. 81 of May 22, 2017,
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