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The subject can reply, completely or in part:

for reasons that concern the processing of personal data, even if relating to the purpose of collection;

to the processing of personal data to disseminate advertising or news of direct sales or for market or commercial surveys.

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You can apply for these rights by submitting an application to the person responsible for this.

With a community prescription (R [9] 89), Law 547/93 introduced into our legal system some crimes, called informatic ones, because the illegal action is committed through the use of computerized or telematic systems.

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These computer crimes refer to:

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Arbitrary activity of one s own reasons (Article 392 of the Civil Code)

Attempted crime against public service institutions (Article 420 of the Italian Civil Code)

False computer documents (Article 491-bis c.p.)

Illegitimate access to IT systems (Article 615-ter c.p.)

Possession and illegal distribution of access codes (Article 615-quater c.p.)

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Dissemination of programs that damage or arrest an IT system (Article 615-quinquies of the Civil Code)

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Violation of correspondence and IT and telematic information (Article 616, 617-quater, 617-quinquies, 617-sexies c.p.)

Issuance of secret documents (Article 621 of the Civil Code)

Remote issue of documents (Article 623-bis of the Civil Code)

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Damage to computer or electronic systems (Article 635-bis of the Italian Civil Code)

Computer fraud (Article 640-ter of the Civil Code).

The law 547/93, it is true that introduced into our system the so-called "computer crimes", but did not speak of a crime of slander caused at the computer or telematic level. Although it is useful to say that the crimes established by Articles 594 (outrage) and 595 (slander) of the penal code, are generic enough to understand even those offensive behaviors that are determined through computer support and today s communication technologies, such as SMS, Chat, Newsletter and so on.

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The same Supreme Court, with a current prescription, validates this provision, even establishing that "the offenses provided for by Articles 594 and 595 of the Penal Code are also committed by means of electronic or computer support, just think of e-mails, in which a subject can sending injurious messages to one or more persons, committing the classic offense of outrage, if the recipient is the same offended person, or of slander, if the recipient is a different person (see section V Criminal, 27.12.2000, n 4741).

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The Co also affirms that the crime of slander occurs when the message is received by third parties with respect to the person who forwards it and to the outraged subject. It is not necessary, in fact, the link between injustice and its recipients, who can also be very far from each other, or from those who act ".

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Also, as we have already said, slander and outrage can also occur with the use of other information media such as: mailing lists, computer newspapers, newsgroups, the Web and chats.

Legislative Decree 22.5.1999, n. 185, which concerns the protection of users in the signing of distance contracts, presumes that the user, in reasonable time, before the contract conclusion at a distance, obtains the following information (Article 3):

name and surname of the supplier and, in contracts where advance payment is required, the address of the domicile must also be known;

characteristics of the good or service;

price of the good or service, including taxes;

delivery price;

the procedures for payment, delivery and any other form of contractual application;

presence of the right of withdrawal or refusal of the property pursuant to Article 5, co. 3;

methods and times for redelivery or withdrawal of the asset based on the right of recession;

cost of distance communication, when quantifying on a level other than the base cost;

duration of the offer and of the price;

minimum duration of the contract in the case of contracts relating to the distribution of goods or services on a continuous or regular level.

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The provisions of paragraph 1, whose commercial purpose must be undoubted, must be clearly highlighted, by any means suitable for communicative techniques applied at a distance, mainly considering the rules of trust and honesty for the implementation of trade negotiations, established in virtue of the need to protect consumers, especially the most defenseless. In the case of communications on the telephone, the name and surname of the supplier and the commercial purpose must be clarified from the beginning with the consumer, otherwise the contract is not valid. In the case of rules for personal communication, the information referred to in paragraph 1 is set out, where it is explicitly requested by the consumer, in Italian; in the same language the guarantee and the further news will be enunciated according to the art. 4.

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info@herrmannlawyers.com

Contact us in case of detention or criminal or civil problems. The law firm in London, New York, La Vegas, Rome, Naples, Milan, Italy, Germany, Spain, France and has over 15 foreign branches, is directed towards criminal and international law, a format for criminal lawyers mainly deals with the defense of people accused of crimes penalties such as drug trafficking, financial and economic crimes, white-collar crimes, murder, violence, rape and any type of crime. Contact us now for effective criminal defense.

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