After two years since its approval on June 12, 2019 (see Editorial of 6/27/2019), on May 27, 2021, the “Code of Conduct prepared by the National Association between Business Information and Credit Management Companies (Ancic)” (“Code on commercial information”) came into force in Italy through the publication in the official gazette (26/5/2021 N. 124) of the resolution of the Italian Data Protection Authority (Garante) of April 29, 2021 (web doc. no. 9586215) which approved the final version with the additions made possible at the conclusion of the accreditation process of the Monitoring Body (OdM).

Implementation process of the Code of conduct

As anticipated, the Code on commercial information was approved by the Garante on June 12, 2019, making its effectiveness conditional on the accreditation of the Monitoring Body (“Odm”). Therefore, in succession, the Supervisory Authority first approved the requirements for the accreditation of the Odm on June 10, 2020 (web doc. no. 9432569), then accredited the Odm of this code by requesting that the final version be submitted to it for approval (web doc. no. 9565426), and finally approved this final version on April 29, 2021.

Balancing

The purpose of the code is to ensure the right balance between two goals, of “guaranteeing, on the one hand, certainty and transparency in commercial relations, as well as the adequate knowledge and circulation of commercial and economic information and, on the other hand, the quality, relevance, accuracy and updating of the personal data processed.” Thus, by adhering to the code, business information service providers can provide information on the commercial reliability of entrepreneurs and managers on the basis of their legitimate interest (Art. 6.1, f), GDPR), in compliance with the guarantees and measures set out in the code of conduct.