Law note · Italy
GDPR Article 82 and Azione di Classe (Codice di Procedura Civile Art. 840-bis)
The Garante is Italy's supervisory authority, with General Data Protection Regulation (GDPR) Article 83 fines under the Codice Privacy Article 166 procedure.
GDPR Article 82 arms an individual with a direct private right of action, and Italy additionally has a general class-action mechanism, Codice di procedura civile Article 840-bis (azione di classe), in force since 19 May 2021, confirmed by a direct read of the article: it covers homogeneous individual rights against enterprises or public-service managers, brought by an individual class member or a registered nonprofit organization.
The article does not name data protection specifically, and this session could not establish whether it has actually been used for a GDPR claim.
What it asks of an app
- Expect the Garante to have General Data Protection Regulation (GDPR) Article 83 fining power over your processing of personal data of a person in Italy.
- Expect any person in Italy who suffered material or non-material damage from an infringement to have a direct GDPR Article 82 right to compensation, potentially pursued through the general azione di classe mechanism.
When LexLint raises it
Declared activities: crawls_web, trains_models, deploys_chatbot, processes_biometrics, processes_voice
Primary source: GDPR Art. 82
Codice di procedura civile Art. 840-bis (direct read)