Cyber Law at Italy

Italy has implemented a robust cybersecurity and data protection legal framework, aligning with European Union directives and addressing emerging digital threats. Here's an overview of the key legislations and regulatory developments: 

🛡️ Cybersecurity Law: Legislative Decree No. 138/2024

 On October 1, 2024, Italy enacted Legislative Decree No. 138/2024 to implement the EU's NIS 2 Directive (2022/2555), enhancing cybersecurity across critical sectors  The law applies to entities in sectors such as energy, transport, healthcare, and digital services, provided they meet specific thresholds (e.g., more than 50 employees and annual turnover exceeding €10 million  

Key Provisions:

Incident Reporting: Entities must report cybersecurity incidents to the National Cybersecurity Agency (ACN) within 24 hours of detection and provide a comprehensive report within 72 hour  

Penalties for Non-Compliance: Failure to comply with reporting obligations can result in administrative fines ranging from €25,000 to €125,000  Repeated non-compliance over five years may lead to fines up to €10 million or 2% of global annual turnover, whichever is higher  

Cybersecurity Measures: Entities are required to implement technical and organizational measures to manage cybersecurity risks, including risk assessments and the adoption of international standards like ISO/IEC 2700  

🔐 Data Protection: Privacy Protection Law (PPL) – Amendment No. 13 (2024)

 In August 2024, Italy amended its Privacy Protection Law to strengthen data protection and align with the EU's General Data Protection Regulation (GDPR.  

Key Changes:

Expanded Definitions  The law now includes "Highly Sensitive Data," such as biometric data, genetic information, and criminal records  

Mandatory Data Protection Officer (DPO) Entities processing sensitive data on a large scale are required to appoint a DO  

Enhanced Enforcement Powers  The Privacy Protection Authority (Garante) can impose fines up to €20 million or 4% of global annual turnover for serious violations  

Data Breach Notification  Organizations must notify Garante and affected individuals promptly in the event of a data breach  

🏛️ Regulatory Authorities

**National Cybersecurity Agency (ACN)*:  Established in 2021, the ACN is responsible for coordinating national cybersecurity efforts, implementing cybersecurity policies, and overseeing compliance with cybersecurity laws  

**Privacy Protection Authority (Garante)*:  Garante oversees data protection compliance, enforces privacy laws, and handles data breach notifications  

⚖️ Enforcement and Compliance

*Penalties:  Non-compliance with cybersecurity and data protection laws can result in substantial fines, sanctions, and reputational damage  

*Incident Reporting:  Entities must report cybersecurity incidents within specified timeframes to avoid penalties  

*Data Protection Officer:  Organizations are encouraged to appoint a DPO to ensure compliance with data protection regulations.

 

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