Clifford Chance

Corporate liability in Italy: Coronavirus and application of the Legislative Decree 231/2001 to foreign companies

30 June 2020

On 10 June, the employers’ association Confidustria published a document setting out initial instructions on administrative corporate liability during the Coronavirus pandemic. The paper offers suggestions on what systems and controls adopted in accordance with Legislative Decree 231/2001 may be adequate to manage the risks linked to the emergency, the obligations for employers and for the corporate structure, as well as the critical role of the Supervisory Board.

In addition, the Italian Supreme Court (Court di Cassation) recently ruled that companies registered outside of Italy can be liable for administrative offences under Italian law committed by the company's representative/agent in Italy. It is no defence to say that the company is not registered in Italy and is in compliance with the law where it is registered. This briefing explores the implications of these changes for businesses.

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