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Ph.D. (c.) in Private Law 'Humanities and Technology' LIVIA AULINO Ph.D. in Private Law 'Humanities and Technology' DAVIDE SILVIO D'ALOIA Ph.D. (s.) in Private Law 'Humanities and Technology' LUIGI IZZO Ph.D. (s.

The article aims at defining the scope of disgorgement in Italian law, which draws on common law experience, and asks whether the Italian legal system can provide similar recourses. English and US law have conceived “disgorgement damages” as a distinctive concept. I verify whether a rule of disgorgement of profits is principled in the Italian legal system as a generally available private law remedy or is just applicable in certain specific cases. I propose 3 hypothetical cases to measure the attitude of different legal systems. The theoretical foundations of disgorgement as a private remedy are located in different branches of private law (compensation, restitution, property law). English and U.S. law place disgorgement in the more general framework of the law of unjust enrichment and restitution. However, disgorgement can be attracted to other branches of law, as I demonstrate with reference to the Italian legal system. By highlighting the functions that disgorgement may perform in each case proposed, I conclude whether disgorgement is applicable by Italian judges, in addition to the express provisions laid down by legislation.

The article aims to address the issue of the protection of personal data regarding the only category of vulnerable subjects specifically provided by Regulation (EU) 2016/679 (GDPR): minors. Corresponding attention is dedicated to the Italian legislation (legislative decree 10 August 2018, n.101) enacted to adapt Italian law (the code regarding the protection of personal data referred to in legislative decree 30 June 2003, n. 196) to the GDPR. I will analyze the provisions referred to minors (e.g., articles 8, 12 GDPR as well as art. 2-quinquies of Legislative Decree 2003/196), as well as the principles and rules provided in general terms, which indeed need to be tailored where applicable to the processing of personal data involving minors. Positive aspects as well as critical issues are highlighted in the light of effectiveness, that is to verify if the objectives set out by law (rectius ratio legis) are put in place through rules able to realize them. With particular attention to privacy policies and effective application in digital contexts, the presentation aims to submit issues and proposals for solutions from both a de iure condito and de iure condendo perspective.