Italy
Data protection - Access to former employee’s email
Impact date: 12 March 2026 The Italian Data Protection Authority sanctioned a company for unlawfully restricting a former employee’s access to their corporate email account and for improper data retention practices. The Authority confirmed that work emails may fall within the scope of private life and must be handled in compliance with GDPR principles. The company was ordered to grant full access and update internal policies. A fine was also imposed.
Employer implications/action needed Employers should review policies on email management, data retention and employee access rights, especially after termination of the employment relationship. Clear and transparent information must be provided.
Employer risk Employers that fail to adhere to data requirements risk fines, orders to disclose data and required updates to internal policies.
Pension requirements – adjustment to life expectancy
Impact date: 3 April 2026 Clarification issued by INPS (the Italian national social security authority) on the impact of the increase in pension requirements linked to life expectancy.
For 2027–2028, requirements will increase by three months (one month in 2027 and fully from 1 January 2028). The adjustment also applies to early retirement support schemes (e.g. solidarity funds, expansion allowance). These measures may be extended until the first available pension date, with continued contributions, even beyond their maximum duration.
Employer implications/action needed Employers using early retirement schemes should review timelines and costs, as support measures may need to be extended. Coordination with INPS procedures is required.
Employer risk In relation to retirement support schemes, employers risk facing increased costs and longer financial commitments.
Remote working - Annual health and safety information notice
Impact date: 7 April 2026 A new law clarifies that employers must provide to employees working remotely under the so-called “smart working regime” and the health and safety representative, an annual written notice on the risks related to the performance the work activity under that regime. This includes risks linked to prolonged screen use, technostress and the right to disconnect.
Employer implications/action needed Employers should ensure that an annual health and safety information notice is prepared and delivered to smart workers and the health and safety representative. Internal policies may need to be updated accordingly.
Employer risk In the event of non-compliance, employers risk the payment of administrative fines and criminal liability.
Contribution relief - Replacement of employees on parental leave
Impact date: 21 April 2026 Clarification issued by INPS (Istituto Nazionale della Previdenza Sociale), the Italian’s national social security authority, states that the 50% contribution relief for hiring employees to replace staff on maternity or paternity leave continues to apply during any additional overlap period after the returning employee has resumed work. The relief is available to companies with fewer than 20 employees and within the first year from the child’s birth, adoption or placement.
Employer implications/action needed Employers should consider using the contribution relief for handover periods after parental leave. Payroll and eligibility checks are required.
Employer risk If the strict requirements for the relief are not met (e.g. company size, timing), employers risk losing the benefit.
Exemptions for permanent hiring
Impact date: 1 May 2026 Decree-Law No. 62/2026 introduces significant measures affecting hiring, remuneration and digital platforms.
Below is a summary of the key updates relevant for employers:
- social security exemptions for permanent hiring in 2026 (up to 100% for 24 months), targeting women, young workers, and long-term unemployed individuals, subject to strict conditions
- application of the “fair pay” concept, defined as the overall remuneration provided by the leading NCBA in the relevant company business sector, which is a condition for accessing the incentives
- indication of the NCBA code in employment contracts, payslips and job postings on the Italian SIISL platform, together with salary details
- if NCBAs are not renewed within 12 months of expiry, salaries will be automatically increased
- stronger presumption of employment where elements of control exist (including algorithmic control), along with new transparency and data retention obligations for digital platform operators
- obligation to complete safety training for platform-based bicycle couriers within 30 days from the start of the employment relationship, with penalties for platforms that engage non-compliant workers
Employer implications/action needed Employers should ensure that: (i) remuneration complies with the “fair pay” standard under the leading NCBA; (ii) the NCBA code and salary details are included in employment contracts and payslips; (iii) digital platform work models are assessed for employment classification risks; and (iv) identity verification and mandatory safety training for platform-based bicycle couriers are properly managed.
Employer risk In the event of non-compliance, employers risk facing loss of incentives, administrative fines, and increased reclassification risks (especially for digital platform work).
Contacts

© Eversheds Sutherland. All rights reserved. Eversheds Sutherland is a global provider of legal and other services operating through various separate and distinct legal entities. Eversheds Sutherland is the name and brand under which the members of Eversheds Sutherland Limited (Eversheds Sutherland (International) LLP and Eversheds Sutherland (US) LLP) and their respective controlled, managed and affiliated firms and the members of Eversheds Sutherland (Europe) Limited (each an "Eversheds Sutherland Entity" and together the "Eversheds Sutherland Entities") provide legal or other services to clients around the world. Eversheds Sutherland Entities are constituted and regulated in accordance with relevant local regulatory and legal requirements and operate in accordance with their locally registered names. The use of the name Eversheds Sutherland, is for description purposes only and does not imply that the Eversheds Sutherland Entities are in a partnership or are part of a global LLP. The responsibility for the provision of services to the client is defined in the terms of engagement between the instructed firm and the client.

