Sources

Workers' Statute, Italy Law 300/1970

Law. Placed at Italy. Read 30 Sep 2026; 4 provisions cited by the planner.

Workers' Statute Art. 4(1)Install remote-monitoring equipment only for the listed purposes and after a union agreement or labour inspectorate authorisation

Audiovisual systems and other instruments that also make remote monitoring of workers' activity possible may be used only for organisational and production needs, for workplace safety and for the protection of company assets. They may be installed only after a collective agreement with the unitary union representation (RSU) or the company union representations (RSA); for businesses with production units in several provinces of one region or in several regions, the agreement may be concluded with the comparatively most representative national unions. Failing an agreement, installation requires prior authorisation from the local office of the National Labour Inspectorate (INL), or its central office where the units fall under several local offices; the inspectorate's decisions are final. Text as substituted by D.Lgs. 151/2015 art. 23 (from 24 September 2015) and amended by D.Lgs. 185/2016 (in force 8 October 2016). Breach is punished under art. 38 by reference from art. 171 of the Personal Data Protection Code.

What a reviewer asks to see: Inventory of CCTV, telematics, call recording, software and other instruments capable of remote monitoring, with the purpose of each (organisational or production, safety, asset protection); Signed collective agreement with the RSU or RSA (or national unions for multi-province businesses) covering each system; INL authorisation decision where no agreement was reached; Installation dates showing agreement or authorisation came first

Where monitoring plans usually fall short: Cameras or tracking installed before the agreement or authorisation, or with workers' individual consent treated as a substitute; Purpose outside the three permitted ones (for example measuring individual productivity); Agreement covering some sites or systems but not others

Source: Workers' Statute, Italy Law 300/1970, read 30 Sep 2026

Workers' Statute Art. 4(2)Confine the agreement exemption to work tools and attendance-recording systems

The agreement or authorisation requirement of paragraph 1 does not apply to the instruments the worker uses to perform the work (strumenti utilizzati dal lavoratore per rendere la prestazione lavorativa) or to systems recording access and attendance. An employer relying on the exemption must be able to show that each instrument is a work tool or an attendance recorder and not an added monitoring function.

What a reviewer asks to see: Classification of each device and software as work tool, attendance recorder or monitoring instrument, with reasons; Configuration records showing monitoring add-ons (keystroke logging, screenshots, continuous GPS) are not bundled into work tools without an agreement

Where monitoring plans usually fall short: Productivity or tracking software treated as a work tool because it runs on the work laptop; Biometric attendance clocks treated as exempt without checking the separate data protection limits on biometrics

Source: Workers' Statute, Italy Law 300/1970, read 30 Sep 2026

Workers' Statute Art. 4(3)Give workers adequate information before using monitoring data, and comply with the data protection code

Information collected under paragraphs 1 and 2 may be used for all purposes connected with the employment relationship (including discipline) only if the worker has been given adequate information on how the instruments are used and how checks are carried out, and in compliance with Legislative Decree 196/2003 (and the GDPR).

What a reviewer asks to see: Written policy (disciplinare) on use of IT tools, email, internet, phones and vehicles stating what is checked, how, when and by whom; Proof each worker received the policy before the data were used; GDPR art. 13 notice covering the monitoring; Record of the Codice and GDPR assessment (lawful basis, minimisation, retention, DPIA where required)

Where monitoring plans usually fall short: Monitoring data used in dismissal cases without a prior policy on how checks are performed; Generic privacy notice that does not describe the checks; Email metadata or logs kept far longer than needed

Source: Workers' Statute, Italy Law 300/1970, read 30 Sep 2026

Workers' Statute Art. 8Do not investigate workers' opinions or facts irrelevant to their professional aptitude

The employer is prohibited, both for hiring and during employment, from carrying out investigations, directly or through third parties, into the worker's political, religious or trade union opinions, or into facts not relevant to assessing the worker's professional aptitude. Art. 113 of the Personal Data Protection Code keeps this rule in force and art. 171 of that Code punishes its breach under art. 38.

What a reviewer asks to see: Pre-employment screening scope limited to job-relevant facts, documented per role; Contracts with screening agencies excluding opinions and irrelevant private life; Social media monitoring policy excluding opinion profiling

Where monitoring plans usually fall short: Background checks or social media screening that collect political, religious or union views; Questions on family plans or private life at interview

Source: Workers' Statute, Italy Law 300/1970, read 30 Sep 2026

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