Issues Deriving from Limitation of Liability Clauses From a Data Protection Perspective and Possible Remedies:

Simona Di Girolamo, Privacy Officer, Mediamarket SpA (Mediaworld)
Silvia Gorlani, Data Protection Officer, Mediamarket SpA (Mediaworld)

The limitation of liability clauses are usually structured as to restrict one of the parties’ legal responsibility to: direct damages; a sum not exceeding a certain cap (generally, consideration paid – not owed – during the preceding 12 months). Under Italian law limitation of liability clauses are not applicable in case of gross negligence and willfull act but it is still difficult to determine the degree of negligence. Furthermore, if the Agreement is regulated by the law of other Countries, this rule may not apply.

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Italy Data Protection Retail August 2022 Vol.15, No. 60, Summer 2022

Simona Di Girolamo

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Ms. Simona Di Girolamo has been working in the consumers electronics sector technology retail for 15 years, as a salesperson during her studies and after graduating from law school in 2013 she joined the Ecommerce Division of MediaWorld. During her career she has combined her passion for technology and law focusing on data privacy protection issues, which combined with her seniority in the company, made up of knowledge of systems of procedures and dynamics, including interpersonal ones, allowed her to do so. She joined MW's Privacy Team in January 2022. Today, as Privacy Officer, she collaborates with reporting directly to the company DPO in drafting privacy documentation, in providing other company divisions for privacy impacts and she is in charge of the maintenance of the Processing Registers with the aim of spreading the culture of correct personal data processing within and outside the company.

Silvia Gorlani

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My skills have improved on the job as in-house lawyer, up to the role of data protection officer of Mediamarket SpA (leader in Italy for consumers electronics goods), the italian subsidiary of Mediamarkt Group. For 9 years I used to be Head of Legal Affairs of Unichips Italia SpA and Head of Privacy Coordination of the homonymous Group, owner among other things of the S. Carlo brand, which produces and markets chips and snacks in Italy and abroad. During that time, I was appointed member of the Board of Director of the European Snacks Association, a Brussels-based trade association representing around 80% of the European savoury snack market.

Mediamarket SpA (Mediaworld)

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More than 800 stores with sales floors measuring up to 8,000 square meters in 13 countries around the globe are what makes MediaMarkt Europe’s undisputed Number One consumer electronics retailer. For 40 years, MediaMarkt has been synonymous with innovation, uncompromising customer orientation and a comprehensive range of customer and after-sales services. But sheer size alone is not the key to success.

Italy Data Protection Retail August 2022 Vol.15, No. 60, Summer 2022