In application of Article 8 of the “Charter of Fundamental Rights of the European Union”(so-called Nice Charter) and 16 of the “Treaty on the Functioning of the European Union” (TFEU), concerning, as a fundamental right of the individual, the “protection of personal data”, the European Union, through the issuance of Regulation 679/2016 (so-called G.D.P.R.), which was followed, by means of Legislative Decree 101/2018, by the adaptation of the national legislation contained in Legislative Decree 196/2003 (so-called Privacy Code), has provided, within itself, a high level of protection of the personal data of the individual, identifying in the event of (material and immaterial) damage caused (to the individual) as a result of the effect of the data protection.d. Privacy Code), has prepared, within itself, a high level of protection of the personal data of the natural person, identifying in case of (material and immaterial) damage caused (to the person) as a result of the processing - unlike the provisions of the repealed Article 15 of the Privacy Code according to which «(c)whoever causes damage to others as a result of the processing of personal data is liable to pay compensation pursuant to Article 2050 of the Civil Code (“liability for engaging in hazardous activities”) (...)» - a form of liability nominally traceable to Article 82(3) of the G.D.P.R., according to which «(...) (i)he controller or processor is exempted from liability pursuant to paragraph 2 (“A controller involved in the processing shall be liable for the damage caused by its processing in breach of this Regulation. A controller shall only be liable for the damage caused by the processing if he has failed to comply with the obligations of this Regulation specifically addressed to controllers or has acted in a manner inconsistent with or contrary to the lawful instructions of the controller”), if he proves that the harmful event is in no way attributable to him».
