MONITORING OF COMPANY COMPUTERS USED BY EMPLOYEES IS LAWFUL ONLY IF PRECEDED BY ADEQUATE NOTICE

team valletta Employment and Pensions, Gaspare Roma, Ilaria Uletto, In the Press, Publications

Is it lawful for an employer to monitor a company computer used by an employee? Yes, but only under specific conditions. In judgment no. 28365 of 27 October 2025, the Italian Supreme Court (Corte di Cassazione) clarified that such monitoring is lawful only if it is preceded by adequate notice and carried out in compliance with the limits set out …

THE EMPLOYER WHO ACCESSES FORMER EMPLOYEES’ EMAILS VIOLATES THE RIGHT TO THE SECRECY OF CORRESPONDENCE

team valletta Employment and Pensions, Gaspare Roma, Ilaria Uletto, In the Press, Publications

A recent ruling of the Italian Supreme Court (Court of Cassation, Labour Section, No. 24204 of 29 August 2025) established that an employer who accesses the emails of former employees violates the right to the secrecy of correspondence. The Court reaffirmed that even emails sent from employees’ personal accounts — although routed through company servers or sent from the employer’s …