Banca Widiba S.P.A. – Court Ruling (Italy, 2023)
General GDPR enforcement action
This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.
Banca Widiba lost a court case over the wrongful dismissal of an employee due to improper monitoring of emails. This matters because it shows that companies must respect employee privacy. Business owners should be cautious about how they monitor employee communications to avoid legal issues.
What happened
Banca Widiba was found to have wrongfully dismissed an employee based on invasive monitoring of their emails.
Who was affected
The employee who was dismissed and monitored was affected by Banca Widiba's actions.
What the authority found
The Court ruled that Banca Widiba's monitoring practices violated the employee's right to privacy and were not justified.
Why this matters
This case highlights the need for businesses to balance monitoring with respect for employee privacy rights, which is crucial for maintaining a fair workplace.
Source checks
Secondary-source text retrieved.
Automated check recorded — 11 April 2026.
Processing notes: articles corrected, national law identified, authority corrected, scope corrected.
Retrieved text may be a secondary summary or an announcement. These automated statuses do not establish that the original decision was read or that the record received an independent legal review. How we check sources
The judgement of the Court of Appeal of Milan was appealed following its confirmation of the ruling of the Court of First Instance, which had established the illegitimacy of the dismissal of a manager (the defendant) by Banca Widiba Spa (the applicant) on 8 May 2018. The defendant was fired due to conduct of insubordination and breach of the duties of diligence and loyalty as well as of the general principles of fairness and good faith for having relations with competing businesses and for having avoided a preventive technical assessment, causing doubts over the genuineness of the illness underlying his many absences. The Court of Appeal, agreeing with the Court of First Instance, ruled the illegitimacy of the first two disciplinary charges as they were the result of investigative monitoring of company e-mails and tailing, which did not ensure the proportionality and procedural guarantees against arbitrariness of the employer and lacked justification for such invasive monitoring, violating the right of the worker’s right to respect for his correspondence. The applicant filed for an appeal against the decision to the Supreme Court of Cassation (Supreme Court). The Supreme Court established an infringement of [https://www.cgil.unimi.it/wp-content/uploads/2014/01/l_300_70.pdf Article 2 of the Italian Worker’s Statute], [https://www.cgil.unimi.it/wp-content/uploads/2014/01/l_300_70.pdf Article 3 of the Italian Worker’s Statute] and [https://www.cgil.unimi.it/wp-content/uploads/2014/01/l_300_70.pdf Article 4 of the Italian Worker’s Statute] and [https://www.echr.coe.int/documents/d/echr/convention_ENG Article 113 of the Italian Privacy Code], [https://www.echr.coe.int/documents/d/echr/convention_ENG Article 114 of the Italian Privacy Code] and [https://www.echr.coe.int/documents/d/echr/convention_ENG Article 160 of the Italian Privacy Code] in connection with the protection of the confidentiality of the employee, [https://www.echr.coe.int/documents/d/echr/convention_E
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Banca Widiba S.P.A. in IT
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Banca Widiba S.P.A. - Italy (2023). Retrieved from cookiefines.eu
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