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Regulations


Law 22 February 2010, n. 24

"Conversion into law, with amendments, of the decree-law no. 193 of 29 December 2009, containing urgent interventions regarding the functionality of the judicial system".

8. The following amendments are made to the code of civil procedure:

  • a) to article 125, first paragraph, the following words are added at the end: "indicating your tax code";
  • b) in article 163, third paragraph, no. 2), the words: "the surname and residence of the plaintiff" are replaced by the following: "the surname, residence and tax code of the plaintiff" and the words: "the name, surname, residence or domicile or residence of the defendant and of the persons representing or assisting them respectively "are replaced by the following:" the name, surname, tax code, residence or domicile or residence of the defendant and of the persons representing them respectively or assist them ";
  • c) in article 167, first paragraph, after the words: "In the response, the defendant must propose all his defense, taking a position on the facts put forward by the plaintiff as the basis of the request, indicate" the following are inserted: "his generality and the tax code, ";
  • d) the following is inserted after article 149:

"Art. 149-bis (Notification by e-mail). - If not expressly prohibited by law, notification can be made by certified e-mail, even after extracting a computer copy of the paper document.

If he proceeds pursuant to the first paragraph, the bailiff sends a computer copy of the signed document with a digital signature to the recipient's certified e-mail address resulting from public lists. The notification is considered completed when the manager makes the electronic document available in the recipient's certified e-mail box.

The bailiff draws up the report referred to in Article 148, first paragraph, on a separate electronic document, signed with a digital signature and joined to the deed to which it refers by means of IT tools, identified with a specific decree of the Ministry of Justice. The report contains the information referred to in article 148, second paragraph, replaced the place of delivery with the e-mail address where the document was sent.

The sending and delivery receipts provided for by the legislation, including regulations, concerning the transmission and reception of electronic documents transmitted electronically are attached to the original electronic document or to the electronic copy of the paper document. .

Once the notification has been carried out, the bailiff returns the act notified immediately or to the applicant, including electronically, together with the notification report and the attachments provided for in the fifth paragraph. ";

d-bis) to article 530, the following paragraphs are added at the end:

"The execution judge can establish that the payment of the deposit, the presentation of offers, the conduct of the tender between the bidders and the auction, pursuant to articles 532, 534 and 534-bis, as well as the payment of the price , are carried out with telematic modalities.

In any case, the execution judge may order that the advertising provided for by article 490, second paragraph, be carried out at least ten days before the expiry of the term for the submission of offers or the date of the auction ";

d-ter) in article 533, first paragraph, the first sentence is replaced by the following: "The commission agent assures the interested parties the possibility of examining, even electronically, the things put up for sale at least three days before the date fixed for the sale experiment and cannot deliver the thing to the buyer before full payment of the price ";

d-quater) the first paragraph of article 540 is repealed;

d-quinquies) in Article 569, the following is inserted after the third paragraph:

"With the same order, the judge can establish that the payment of the deposit, the presentation of offers, the conduct of the tender between the bidders and, in the cases provided for, the enchantment, as well as the payment of the price, are carried out in a manner 'telematics';

d-sexies) to article 591-bis, first paragraph, the following sentence is added at the end: "Article 569, fourth paragraph is applied"; 8-bis. The provisions for the implementation of the code of civil procedure and transitional provisions, referred to in the Royal Decree of 18 December 1941, n. 1368, the following changes are made:

  • a) after article 161-bis the following is inserted:

    "Art. 161-ter (Sales with telematic modalities). - The Minister of Justice establishes with its own decree the technical-operational rules for carrying out the sale of movable and immovable property by means of an electronic tender in the cases provided for by the code, in compliance with the principles of competitiveness, transparency, simplification, effectiveness, safety, accuracy and regularity of telematic procedures. With subsequent decrees, the technical-operational rules referred to in the first paragraph are adapted to scientific and technological evolution ";

  • b) in Title IV, Chapter II, the following are added after Article 169-ter:

    "Art. 169-quater (Further methods of payment of the purchase price). - The purchase price can be paid with electronic payment systems or with debit, credit or prepaid cards or with other means of payment with electronic money available in the banking and postal circuits. Art. 169-quinquies (Summary prospectus of estimates and sales). - The subjects appointed as commission agents pursuant to article 532 of the code, or to whom sales by auction are entrusted pursuant to article 534 of the same code, at the end of each semester transmit to the execution judge, the president of the court and to the executive judicial officer an information prospectus, drawn up on computer support, summarizing all sales made in the period with indication,

  • c) Article 173-quinquies is replaced by the following:

    "Art. 173-quinquies (Further modalities for the presentation of the purchase offers, the provision of the deposit and the payment of the price). - The judge, with the order of sale referred to in article 569, third paragraph, of the code, may order that the presentation of the purchase offer and the provision of the security pursuant to articles 571, 579, 580 and 584 of the same code can take place with electronic payment systems or with debit, credit or prepaid cards or with other means of payment with electronic money available in the banking and postal circuits and through the communication, by fax or e-mail, of a declaration containing the information required by the aforementioned articles, in compliance with the legislation, including regulations, concerning the subscription, the transmission and reception of teletransmitted computer documents. The payment of the price can be made in the same way as indicated in the first paragraph ". 8-ter. The decree of the Minister of Justice which establishes the technical-operational rules for the conduct of telematic sales, provided for by article 161-ter of the provisions for the implementation of the code of civil procedure and transitional provisions, referred to in the royal decree 18 December 1941, n. 1368, introduced by paragraph 8-bis, letter a), of this article, is adopted within sixty days from the date of entry into force of the law converting this decree. referred to in the first paragraph ". 8-ter. The decree of the Minister of Justice which establishes the technical-operational rules for the conduct of telematic sales, provided for by article 161-ter of the provisions for the implementation of the code of civil procedure and transitional provisions, referred to in the royal decree 18 December 1941, n. 1368, introduced by paragraph 8-bis, letter a), of this article, is adopted within sixty days from the date of entry into force of the law converting this decree. referred to in the first paragraph ". 8-ter. The decree of the Minister of Justice which establishes the technical-operational rules for the conduct of telematic sales, provided for by article 161-ter of the provisions for the implementation of the code of civil procedure and transitional provisions, referred to in the royal decree 18 December 1941, n. 1368, introduced by paragraph 8-bis, letter a), of this article, is adopted within sixty days from the date of entry into force of the law converting this decree. referred to in Royal Decree 18 December 1941, n. 1368, introduced by paragraph 8-bis, letter a), of this article, is adopted within sixty days from the date of entry into force of the law converting this decree. referred to in Royal Decree 18 December 1941, n. 1368, introduced by paragraph 8-bis, letter a), of this article, is adopted within sixty days from the date of entry into force of the law converting this decree.

Telematic sales regulations

MINISTRY OF JUSTICE, DECREE 26 February 2015, n. 32

Regulation containing the technical and operational rules for carrying out the sale of movable and immovable property with telematic methods in the cases provided for by the civil procedure code, pursuant to article 161-ter of the provisions for the implementation of the civil procedure code. (15G00045)

(GU n. 69 of 24-3-2015)

Effective on: 8-4-2015

THE MINISTER OF JUSTICE

Having regard to article 161-ter of the provisions for the implementation of the code of civil procedure, containing provisions for telematic sales;

Having regard to article 17, paragraph 3, of law no. 400;

Having heard the opinion of the Council of State, expressed by the Advisory Section for regulatory acts in the meeting of 29 January 2015;

Having heard the Guarantor for the protection of personal data, pursuant to article 154, paragraph 4, of the legislative decree of 20 June 2003, n. 196, which expressed a favorable opinion with a provision made during the meeting of 15 May 2014;

Given the communication to the President of the Council of Ministers, pursuant to article 17, paragraph 3, of law no. 400, made with a note dated 12 February 2015, pursuant to the aforementioned article;

Adopt

the following regulation:

Chapter I

General provisions

Art. 1


Object

1. This regulation establishes the technical and operational rules for carrying out the sale of movable and immovable property by means of an electronic tender in the cases provided for by the code of civil procedure.

Art. 2


Definitions

  • 1. For the purposes of this decree, the following definitions apply:

    • a) «telematic sales operations»: the activities carried out between the moment of connection of the bidders to the portal of the telematic sales manager and the awarding or identification of the best bidder;

    • b) "telematic sales manager": the person established as a company authorized by the judge to manage the electronic sales;

    • c) "referent of the procedure": the natural person appointed by the judge who carries out the sales operations;

    • d) "offer for telematic sale": the offer to purchase movable or immovable property in the telematic sale without enchantment or through a commission agent or the request to participate in the telematic sale of the same goods;

    • e) "relaunch": the increasing offer in the tender relating to the sale with and without enchantment or through a commission agent;

    • f) "telematic synchronous sale": method of carrying out the auction or tender in the real estate sale without enchantment in which the bids are formulated exclusively electronically in the same time unit and with the simultaneous connection of the judge or the contact procedure and of all bidders;

    • g) "mixed synchronous sale": method of carrying out the auction or tender in the real estate sale without enchantment in which the bids can be formulated, in the same unit of time, both electronically and by appearing before the judge or the referent of the procedure;

    • h) "asynchronous sale": method of carrying out the property sales without enchantment or through a commission agent or of the tender in the real estate sale without enchantment in which the bids are formulated, exclusively electronically, in a predetermined period of time and without the simultaneous connection of the judge or the referent of the procedure;

    • i) "Ministry": the Ministry of Justice;

    • l) "register": the register of telematic sales managers;

    • m) "responsible": the person responsible for keeping the register;

    • n) "certified e-mail box for telematic sale": the certified e-mail box requested by the natural or legal person who intends to make the offer, whose access credentials are issued, after identification of the applicant, in accordance with article 13;

    • o) «manager's portal»: the telematic system prepared by the telematic sales manager and accessible to bidders and the public via the Internet and to the judge or other legitimate users via the Internet or telematic services of the Ministry;

the portal services are provided in compliance with the SSL / TLS (Secure Sockets Layer and Transport Layer Security) cryptographic communication protocols; the portal must be equipped with a valid authentication certificate issued by an accredited certifier for digital signature or by an internationally recognized certifier when issuing authentication certificates for SSL / TLS protocols.

Chapter II

Register of telematic sales managers

Section I.

Requirements and registration procedure

Art. 3


Establishment of the register

  • 1. The register of telematic sales managers is established.

  • 2. The register is kept by the Department for Justice Affairs of the Ministry and the Director General of Civil Justice is responsible for it. The general director of civil justice can delegate a person with managerial qualification or a magistrate and make use of the Directorate General of the Ministry's automated information systems as well as, in order to exercise supervision, the General Inspectorate of the Ministry. The Ministry is the owner of the processing of personal data.

  • 3. The data of the register and the relative annotations are continuously updated in accordance with the provisions of this regulation.

  • 4. The management of the register takes place with computer methods that ensure the possibility of rapid data processing for statistical and inspection purposes or, in any case, connected to the maintenance tasks referred to in this regulation.

  • 5. A list of telematic sales managers registered in the register is drawn up by the person in charge, containing their identification data and the districts of the Court of Appeal for which they are registered. The list referred to in the previous period does not include the telematic sales managers suspended from the register pursuant to article 8. The list is published on the Ministry's telematic services portal.

Art. 4


Requirements for registration in the register

  • 1. On request, the telematic sales managers established in the form of joint-stock companies are entered in the register. The application for registration must contain the indication of one or more districts of the Court of Appeal in which the telematic sales service is to be carried out.

  • 2. Before proceeding with registration, the manager checks:

    • a) the issue of an insurance policy for the financial consequences deriving from the performance of the telematic sales management service, with a maximum limit of no less than:

      • 1) three million euros if registration is required for two or more districts of the Court of Appeal or for one of the following districts:

      • Rome, Milan, Naples, Palermo;

      • 2) one million euros in cases other than those referred to in number 1);

    • b) the adoption of an operating manual of the services, in compliance with the provisions of this decree;

    • c) the adoption of a security plan which describes all the measures and precautions adopted by the manager to guarantee the protection of personal data processed through the portal and the security of operations, their integrity, and availability services; the plan will include measures for the periodic saving of data and their restoration in case of damage or loss of data and systems;

    • d) the compliance of the portals of the telematic sales managers with the technical requirements referred to in articles 10 and 11 of the law 9 January 2004, n. 4 and the decree of 8 July 2005 of the Minister for innovation and technology, published in the Official Gazette of 8 August 2005, no. 183, as well as the decree of the President of the Republic of 1 March 2005, n. 75.

  • 3. The insurance contract must provide the insurer with the obligation to immediately notify the manager of the termination of effectiveness of the same contract for any reason.

  • 4. Before proceeding with registration, the person in charge also checks that the directors, statutory auditors and special and general attorneys of the applicant company possess the following integrity requirements:

    • a) not to pay in one of the conditions of ineligibility or forfeiture provided for by article 2382 of the civil code;

    • b) not having been subjected to personal prevention measures ordered by the judicial authority pursuant to Legislative Decree 6 September 2011, n. 159;

    • c) not having been convicted with a final judgment, without prejudice to the effects of rehabilitation:

      • 1) imprisonment for one of the crimes provided for by the rules governing banking, financial, securities, insurance and by the rules on markets and securities, payment instruments;

      • 2) imprisonment for one of the crimes provided for in articles 351, 353 and 354 of the criminal code and in title XI of book V of the civil code, in royal decree no. 267, as well as article 16 of law no. 3 and subsequent amendments;

      • 3) imprisonment for a period of not less than one year for a crime against the public administration other than those referred to in number 2), against public faith, against property, against public order, against the public economy or for a tax crime;

      • 4) to imprisonment for more than two years for any non-culpable crime.

      • 5. When the applicant company is subject to the control of another company, pursuant to article 2359, first and second paragraph, of the civil code, the person in charge verifies the possession of the requisites referred to in paragraph 4 also with regard to to the directors, statutory auditors and special and general attorneys of the parent company. In the case provided for by article 2359, first paragraph, no. 3), of the civil code, the dominant influence must have been ascertained with a final judgment.

      • 6. The documentation proving the possession of the requisites referred to in this article, except for that referred to in paragraph 2, letter a), is presented pursuant to articles 46 and 47 of the decree of the President of the Republic of December 28, 2000, n. 445. The possession of the requisite referred to in paragraph 2, letter a), is demonstrated by producing an authentic copy of the insurance policy.

Art. 5


Procedure for registration

  • 1. The person in charge approves the application form for registration, indicating the deeds and documents suitable for proving possession of the requisites envisaged by article 4, which the application must be accompanied by. The approved model is published on the Ministry website.

  • 2. The application is signed with a digital signature. It is sent, together with the attachments, by certified e-mail.

  • 3. The registration procedure must be completed within thirty days from the date of receipt of the application. The request for integration of the application or its attachments is allowed only once and suspends the aforementioned term for a period not exceeding thirty days. Failure to adopt the registration provision within the term referred to in this paragraph is equivalent to denial of the same.

Art. 6


Effects of registration

  • 1. The registration measure, with the order number attributed in the register, is communicated to the applicant and to the President of the Court of Appeal to which the registration refers.

  • 2. From the date of the communication referred to in the preceding paragraph, the telematic sales manager is required to mention the order number attributed to him in the documents, correspondence and advertising.

Art. 7


Communication obligations of telematic sales managers

  • 1. The telematic sales manager is obliged to immediately communicate to the manager, by certified e-mail, all the events modifying the requirements referred to in article 4.

  • 2. The judicial authority reports to the person in charge of all the facts and information relevant to the exercise of the powers provided for in this regulation.

  • 3. The telematic sales manager transmits within five days of each sales experiment the data relating to the real estate that is the subject of it as well as the identification data of the relative bidders. The transmission is carried out using telematic methods, in compliance with the regulations and regulations concerning the signing, transmission and reception of IT documents, as well as the specific technical specifications of the manager for the information and automated systems of the Ministry. The related data are extracted and processed by the Ministry, through the general direction of statistics, also in the context of surveys on a national basis. The provision referred to in this paragraph also applies to experiments in the sale of movable property, including through a commission agent,

Art. 8


Suspension and cancellation from the register

  • 1. When after registration the telematic sales manager loses the requirements referred to in article 4, the manager shall suspend him from the register for a period not exceeding ninety days, after which, the lack of requirements persisting, proceeds to cancellation.

  • 2. When it appears that the requisites referred to in article 4 did not exist at the time of registration, the manager shall proceed in accordance with paragraph 1 or, in more serious cases, the cancellation of the telematic sales manager from the register.

  • 3. The cancellation of telematic sales managers who have provided the service by virtue of an assignment received from judicial offices located in districts of Courts of Appeal other than those for which they are registered or who violate the obligations set out in Article 7 is ordered. .

  • 4. The telematic sales manager canceled from the register cannot be re-registered before two years have elapsed from the cancellation.

  • 5. For the purposes of this article, the manager may acquire information relating to the activities of the telematic sales managers from the same managers and from the judicial offices in the manner and within the times established by circulars or equivalent general administrative documents.

Section II

Obligations of the telematic sales manager

Art. 9


Register of telematic sales assignments

  • 1. Each telematic sales manager is required to establish an electronic register of telematic sales assignments, indicating:

    • a) the progressive order number per year;

    • b) the judicial office before which the procedure is pending with respect to which he was entrusted;

    • c) if the assignment concerns a procedure of forced expropriation of property or property;

    • d) in the case of a sale without enchantment, with enchantment or through a commission agent;

    • e) if it proceeds with the sales operations in a synchronous, asynchronous or mixed mode;

    • f) the number of lots offered for sale;

    • g) for each lot: the price at which the goods were first offered for sale, the number of sales experiments, the selling price;

    • h) expenses and fees, for each procedure, paid by the competent authority.

  • 2. Further registers or annotations can be established with the determination of the manager, communicated to the managers by publication in the public area of ​​the Ministry's telematic services portal.

  • 3. By January 31 of each year, the telematic sales manager transmits to the manager the data indicated in the register and relating to the events that occurred during the previous year. The transmission takes place electronically and in compliance with the technical specifications referred to in article 26.

  • 4. The telematic sales manager is required to process the data collected in compliance with the provisions of the legislative decree 30 June 2003, n. 196, bearing the «Code regarding the protection of personal data».

Art. 10


Obligations of the manager

  • 1. The telematic sales manager cannot participate, not even through a third party, in the sale of the goods subject to the proceedings pending before the judicial offices included in the district of the Court of Appeal with respect to which he has been registered.

  • 2. The legal representative of the telematic sales manager, or his agent, signs a declaration stating that the manager is not in conflict of interest with the procedure. The declaration is brought to the attention of the judge at the time of acceptance of the assignment.

  • 3. The telematic sales managers equip themselves with an operating manual of the services, which describes the methods of execution of the services, as well as the prices charged with indication of any differentiations by district or surrounding area. The methods of execution of the services and the relative prices must be published on the websites of the telematic sales managers.

  • 4. In case of violation of the obligations of the telematic sales manager provided for by this decree, the manager orders the suspension and, in the most serious cases, the cancellation of the manager from the register.

Art. 11


Monitoring

  • 1. The Ministry annually carries out the statistical monitoring of the telematic sales operations carried out by the managers, also on the basis of the data transmitted pursuant to Article 9. The Ministry, through the Directorate General for Automated Information Systems and the Directorate General for statistics, provides for the statistical monitoring referred to in the previous period in the manner and within the times established by circulars or equivalent administrative documents.

Chapter III

Real estate sales

Section I.

General provisions

Art. 12


Method of submitting the offer and attached documents

  • 1. The offer for online sale must contain:

    • a) the identification data of the bidder, with the express indication of the tax code or VAT number;

    • b) the judicial office where the procedure is pending;

    • c) the year and the general role number of the procedure;

    • d) the lot number or other identification data;

    • e) the description of the asset;

    • f) indication of the person in charge of the procedure;

    • g) the date and time set for the start of the sales operations;

    • h) the price offered and the deadline for its payment, except in the case of an application to participate in the auction;

    • i) the amount paid as a deposit;

    • l) the date, time and CRO number of the transfer made for the payment of the deposit;

    • m) the IBAN code of the account on which the sum covered by the transfer referred to in letter l) was debited;

    • n) the address of the certified e-mail address referred to in paragraph 4 or, alternatively, that referred to in paragraph 5, used to transmit the offer and to receive the communications required by this regulation;

    • o) any mobile telephone number for receiving the communications provided for in this regulation.

  • 2. When the bidder resides outside the territory of the State, and the tax code is not assigned, the tax code issued by the tax authority of the country of residence must be indicated or, failing that, a similar identification code, such as for example a social security code or an identification code. In any case, the code of the assigning country must be prefixed, in accordance with the technical rules set out in the ISO 3166-1 alpha-2code standard of the International Organization for Standardization.

  • 3. The offer for telematic sale is drawn up and encrypted by means of a software developed by the Ministry, in the form of an IT document with no active elements and in compliance with the technical specifications referred to in article 26 of this decree. The software referred to in the previous period is made available to interested parties by the telematic sales manager and must automatically provide the data referred to in paragraph 1, letters b), c), d), e), f) eg), as well as the references of the operators of the certified e-mail service for telematic sales registered in accordance with article 13, paragraph 4.

  • 4. The offer is sent via the certified electronic mail box for telematic sale. The transmission replaces the advanced electronic signature of the offer, provided that the sending was made by requesting the complete receipt of delivery referred to in article 6, paragraph 4 of the decree of the President of the Republic, February 11, 2005, n. 68 and that the certified e-mail service manager certifies in the message or in an attachment that he has issued the access credentials in compliance with the provisions of article 13, paragraphs 2 and 3. When the offer is formulated by more people must be attached to the power of attorney issued by the other bidders to the owner of the certified e-mail box for telematic sale. The power of attorney is

  • 5. When the offer is signed with a digital signature, it can be sent by means of a certified e-mail box even without the requisites referred to in article 2, paragraph 1, letter n).

  • Paragraph 4, third sentence, is applied and the power of attorney is issued to the person who has signed the offer in accordance with this paragraph.

  • 6. The documents are attached to the offer in the form of an electronic document or electronic copy, including by image, without active elements. The attached documents are encrypted by means of the software referred to in paragraph 3. The methods of linking the offer with the documents attached to it by computer tools are established by the technical specifications referred to in article 26.

Art. 13


Method of transmission of the offer

  • 1. The offer and the attached documents are sent to a specific certified e-mail address of the Ministry by means of the certified e-mail address indicated in accordance with article 12, paragraph 1, letter n).

  • 2. Each certified electronic mail message for online sale contains, even in an attachment, the certificate of the manager of the certified electronic mailbox for online sale that it has issued the credentials after identifying the applicant in accordance with this regulation. .

  • 3. When the identification is carried out electronically, the same can take place by transmitting to the manager referred to in paragraph 1 of an electronic copy by image, even unsigned with an electronic signature, of an analogue identity document of the applicant. The image copy has no active elements and has the formats provided for by the technical specifications established pursuant to Article 26. When the bidder does not have an identity document issued by one of the countries of the European Union, the copy per image must be extracted from the passport.

  • 4. The person in charge of the Ministry's automated information systems verifies, at the request of the managers referred to in paragraph 1, that the procedure envisaged for the issue of access credentials complies with the provisions of this article and enters them in a specific area public of the Ministry's telematic services portal.

Art. 14


Deposit and transmission of the offer to the operator for telematic sale

  • 1. The offer is considered deposited when the complete receipt of delivery is generated by the certified e-mail manager of the Ministry of Justice.

  • 2. The offer received at the certified e-mail address referred to in article 13, paragraph 1, is automatically decrypted no earlier than one hundred and eighty and no later than one hundred and twenty minutes prior to the time set for the start of sales operations.

  • 3. The software referred to in article 12, paragraph 3, elaborates a further textual document, without restrictions for the selection and copying operations, in one of the formats provided for by the technical specifications of article 26. The document must contain the data of the offer, except for those referred to in article 12, paragraph 1, letters a), n) and o).

  • 4. The offer and the document referred to in paragraph 2 are sent to the managers in charge of the respective sales in compliance with the deadline referred to in paragraph 1.

Art. 15


Failure of the IT services of the justice domain

  • 1. The person in charge of the automated information systems of the ministry communicates in advance to the telematic sales managers the planned cases of failure of the information systems of the justice domain. The managers notify the interested parties by means of a notice published on their own websites and request to publish a similar notice to the subjects who manage the websites where the advertising referred to in Article 490 of the Code of Civil Procedure is carried out. In the cases referred to in this paragraph, offers are made by fax to the address of the judicial office where the procedure is registered, indicated in the notices referred to in the previous period. Not earlier than the day before

  • 2. In cases of failure of the information systems of the justice domain not programmed or not communicated pursuant to paragraph 1, the offer is considered filed when the acceptance receipt is generated by the certified e-mail manager of the sender . The manager is obliged to allow the bidder to participate in the sale operations, which documents the timely submission of the offer in accordance with the previous period.

Art. 16


Connection warning

  • 1. At least thirty minutes before the start of sales operations, the telematic sales manager sends an invitation to connect to their portal to the certified e-mail address indicated in the offer. An extract of the invitation referred to in the previous period is sent by the operator, by SMS, to the mobile telephone number referred to in article 12, paragraph 1, letter o).

  • 2. In order to allow participation in sales operations, the manager, within the deadline referred to in paragraph 1, sends to the box referred to in Article 12, paragraph 1, letter n), the credentials to access his portal.

Art. 17


Verifications by the manager for sales operations

1. Bidders may participate in sales operations.

The identification of the participants takes place through the credentials referred to in article 16, paragraph 2. 2. The manager verifies that the certified e-mail message through which the offer was sent contains the attestation referred to in article 13, paragraph 2, as well as the actual payment of the deposit. The manager immediately informs the judge or the referent of the procedure of the outcome of these checks.

Art. 18


Admission of bidders to sales operations

  • 1. In the context of the auction or decision on the offer, pursuant to article 572 of the code of civil procedure, the judge or the referent of the procedure, having verified the regularity of the offers, starts the sale operations.

Art. 19


Obligations of the manager for sales operations

  • 1. The telematic sales manager sets up and displays an automatic system for calculating the deadline set for the formulation of bids on his portal.

  • 2. The bids and comments of each bidder are reported on the portal of the telematic sales manager and made visible to the other participants, to the judge or to the referent of the procedure; in the same way we proceed for each determination of the latter.

Art. 20


Access to the portal during sales operations

  • 1. The judge, the referent of the procedure and the clerk can take part in the sale operations without enchantment. In the same way, other subjects can also participate if authorized by the judge or the referent of the procedure.

  • 2. Anyone can attend the sale with auction by connecting to the internet address indicated in the notice referred to in Article 490 of the Code of Civil Procedure, after registering on the portal.

  • 3. In any case, the portal of the telematic sales manager ensures the bidders 'access to the data contained in the IT document referred to in Article 14, paragraph 3, and replaces the bidders' names with pseudonyms or other distinctive elements capable of ensure anonymity. The judge, the referent of the procedure and the registrar can in any case access all the data contained in the offer referred to in article 14, paragraph 2.

Section II

Methods of telematic sales

Art. 21


Telematic synchronous sale

  • 1. In the case of synchronous sales, the offer and the request to participate in the auction can be submitted exclusively by electronic means in accordance with articles 12 and 13.

Art. 22


Mixed synchronous sale

  • 1. When the judge so orders, the purchase offer and the request to participate in the auction may be submitted pursuant to articles 12 and 13 or on analogue support by filing with the registry.

  • 2. Those who have formulated the offer or the request with telematic modalities participate in the sales operations with the same modalities. Those who have formulated the offer or request on analogue support participate by appearing before the judge or the referent of the procedure.

  • 3. Without prejudice to the provisions of article 20, paragraph 3, the data contained in the offers or in the questions made on analogue support as well as the raises and the observations of the participants in the sales operations appeared before the judge or the referent of the procedure are reported in the portal of the telematic sales manager and made visible to those who participate in the sales operations with telematic modalities.

Art. 23


Minutes of the synchronous and mixed synchronous sale

  • 1. For the preparation of the report, the judge or the referent of the procedure can use the data reported in the online sales portal and those entered there during the operations. The aforementioned data are transmitted by the manager to the judge or to the referent of the procedure at the end of the sales operations. In any case, the manager must transmit a list, signed with a digital signature, of the bids and those who made them, the identification data of the successful bidder, the deposit paid by the latter and the award price, as well as the data identifiers of the other bidders, the deposits paid by them and the details of the bank or postal accounts to which they were debited.

Art. 24


Asynchronous selling

  • 1. The judge may order that in the sale without auction the tender is carried out by means of bids made within a given period of time.

  • 2. The offer is submitted exclusively electronically in accordance with articles 12 and 13. Upon receipt of the offers, the judge or the referent of the procedure hears the parties and the registered creditors who have not intervened, carries out the checks referred to in article 18 and invites bidders to a tender on the highest bid with the modalities referred to in paragraph 1. The manager of the telematic sale communicates each bid to the participants to the e-mail address referred to in Article 12, paragraph 1, letter n ) and with SMS.

  • 3. At the end of the time period set for the tender, the telematic sales manager communicates, in the manner referred to in paragraph 2, to all participants the highest offer formulated. The manager transmits the list of bids and those who made them to the judge or to the referent of the procedure, communicates the identification data of the highest bidder, the deposit paid by the latter and the price offered, as well as the identification data of the others. bidders, the deposits paid by them and the details of the bank or postal accounts to which they were debited. The judge or the referent of the procedure carries out the sale and proceeds in accordance with article 574 of the code of civil procedure.

Chapter IV

Real estate sales without enchantment and through a commission agent

Art. 25


Method of submitting the offer and carrying out sales operations

  • 1. For the presentation of the offer for the sale of movable goods with asynchronous mode, the interested party registers on the portal of the telematic sales manager, providing identification data, the tax code, an e-mail address, even ordinary communications from the manager, the place where he intends to receive communications from the registry, the mobile phone number.

  • At the end of the registration, the system generates the credentials for the participation of the interested party in the electronic sale for which the registration was made and assigns a pseudonym or other distinctive elements capable of ensuring anonymity.

  • 2. The offer is presented indicating:

    • a) the judicial office where the procedure is pending;

    • b) the year and the general role number of the procedure;

    • c) the lot number or other identification data;

    • d) the description of the asset;

    • e) indication of the person in charge of the procedure;

    • f) the price offered;

    • g) the amount of the security given.

  • 4. The manager's portal must automatically provide the data referred to in paragraph 3, letters a), b), c) d), and e).

  • 5. The deposit is provided with electronic payment systems or with debit, credit or prepaid cards, as well as with other means of payment with electronic money available in the banking and postal circuits.

  • 6. When payment methods of the deposit are established that allow the manager to verify the actual payment of the same with automated methods and simultaneously with the submission of the offer, the registration can be carried out within the time frame established for the submission of offers. In cases other than those referred to in the previous period, the registration and payment of the deposit are carried out at least five days before the start of the time period established for carrying out the sales operations; the manager authorizes tenderers who have actually paid the deposit to participate in the tender.

  • 7. During the tender, the bidders are identified exclusively by means of the pseudonym or the other distinctive elements referred to in paragraph 1. Within the second day following the closing of the tender, the manager transmits the list of offers and identification data to the person in charge of the procedure of those who made them. He must also communicate and document the details of the bank or postal accounts on which the deposits credited to the escrow account have been debited, that he has credited the deposit paid by the person who made the offer to the bank or postal current account tied to the referent of the procedure higher and to have released the securities provided by the other bidders, as well as

  • 8. Article 20, paragraphs 1 and 3 apply to access to the portal.

Chapter V

Financial and final provisions

Art. 26


Technical specifications

  • 1. The technical specifications are established by the responsible for the automated information systems of the Ministry, having heard, limited to the profiles relating to the protection of personal data, the Guarantor for the protection of personal data.

  • 2. The specifications referred to in the previous paragraph are made available through publication in the public area of ​​the Ministry's telematic services portal.

Art. 27


Invariance clause

  • 1. The implementation of the provisions contained in this decree is carried out within the human, financial and instrumental resources already existing and available under current legislation and without new or greater charges to be borne by public finance.

Art. 28


Acquisition of effectiveness and information charges

  • 1. The provisions of this decree are applicable after twelve months from its entry into force.

  • 2. The table with the specification of the information charges referred to in the decree of the President of the Council of Ministers no. 252 is attached to this regulation.

This decree, bearing the seal of the State, will be included in the Official Collection of the normative acts of the Italian Republic. Anyone responsible is obliged to observe it and have it observed.

Rome, February 26, 2015.

The Minister: Orlando

Seen, The Keeper of Seals: Orlando.

Registered at the Court of Auditors on March 16, 2015.

Control office of PCM documents Ministries of justice and foreign affairs, reg.ne - prev. n. 676

Opinion on a draft decree on the rules for carrying out the sale of movable and immovable property using telematic methods - 15 May 2014

Record of measures

n. 245 of 15 May 2014

THE GUARANTOR FOR THE PROTECTION OF PERSONAL DATA

IN today's meeting, in the presence of Dr. Antonello Soro, president, of Dr. Augusta Iannini, vice president, of Prof. Licia Califano and of Dr. Giovanna Bianchi Clerici, members and of Dr. Giuseppe Busia, general secretary;

Given the request for an opinion from the Ministry of Justice;

Having regard to articles 20, paragraphs 2 and 4, 21, paragraph 2, and 154, paragraph 1, lett. g), of the Code regarding the protection of personal data (Legislative Decree 30 June 2003, n. 196);

Having regard to the documentation on file;

Given the observations of the Office made by the Secretary General pursuant to art. 15 of the regulation of the Guarantor n. 1/2000;

Speaker Dr. Augusta Iannini;

WHEREAS

1. The Ministry of Justice has requested the opinion of the Guarantor regarding a draft decree concerning the "Regulation containing the technical and operational rules for carrying out the sale of movable and immovable property by electronic means in the cases provided for by the code of civil procedure , pursuant to article 161-ter of the provisions for the implementation of the code of civil procedure ".

The decree was adopted pursuant to article 161-ter of the provisions for the implementation of the code of civil procedure (introduced by article 4, paragraph 8-bis, letter a), of decree law no. 193, converted, with modifications, by law 22 February 2010, n. 24), which provides that the Minister of Justice establishes with its own decree the technical-operational rules for carrying out the sale of movable and immovable property by electronic tender in the cases provided for by the code of civil procedure (infra cpc), in compliance with the principles competitiveness, transparency, simplification, effectiveness, safety, accuracy and regularity of telematic procedures.

DETECTED

2. The settlement scheme establishes the rules for carrying out the sale of movable and immovable property using telematic methods (Article 1), specifying that "telematic sales operations" mean "the activities carried out between the moment of connection of the bidders to the portal of the telematic sales manager and the award or identification of the best bidder "(Article 2, paragraph 1, letter a), of the scheme).

The telematic sales service is assigned to subjects external to the structure of the Ministry, that is to market operators defined as "telematic sales managers" such as entities established in company form authorized by the judge to manage the telematic sale (art. 1, letter b), of the scheme).

In order to ensure compliance with the principles of security, transparency and regularity of the telematic procedures referred to in Article 171-bis of the Italian Code of Civil Procedure, the regulation scheme establishes, at the Ministry of Justice, the register of managers of the telematic sale of for which the Director General of Civil Justice is responsible. It is specified that the data controller of the personal data is the Ministry and that the data in the register and the related annotations are continuously updated (Article 3, paragraphs 1, 2 and 3).

The person in charge forms a list of the telematic sales managers registered in the register, containing the identification data of the same and the districts of the Court of Appeal for which they are registered; the aforementioned list is then published on the Ministry's online services portal (Article 3, paragraph 5).

The scheme then provides for the requirements for registration in the register, the existence of which must be previously verified by the register manager (Article 4).

In particular, the person in charge verifies the adoption, by the applicant for registration, of a "security plan" from which the measures adopted to guarantee the protection of personal data processed through the portal and the security of the their integrity, and the availability of services as well as the measures for the periodic saving of data and their restoration in the event of damage or loss of data and systems (Article 4, paragraph 2). It also verifies the compliance of the manager's portal with the technical requirements to facilitate access to IT tools for the disabled (Presidential Decree 75 of 2005).

From this point of view, in fact, it is necessary to consider that the telematic sale procedure takes place through the "manager's portal" defined by the scheme, as "the telematic system set up by the telematic sales manager and accessible to bidders and the public via the Internet and to the judge or other legitimate users via the Internet or telematic services of the Ministry "(Article 2, paragraph 1, letter o)).

The manager also verifies the possession by the directors, auditors and special and general attorneys of the telematic sales managers of the "integrity requirements"; the aforementioned subjects must not have been subjected, among other things, to the personal prevention measures ordered by the judicial authority pursuant to Legislative Decree 6 September 2011, n. 159, as well as a conviction, with a final judgment, for certain crimes, expressly indicated, without prejudice to the effects of rehabilitation (art. 4, paragraph 4).

The scheme assigns certain obligations to the manager.

First of all, it must equip itself with a portal that meets the required requirements; the scheme establishes in this regard that the portal services are provided in compliance with the SSL / TLS communication protocols and the portal must be equipped with a valid authentication certificate issued by an accredited certifier for digital signature or by an internationally recognized certifier to the issue of authentication certificates for SSL / TLS protocols (Article 2, paragraph 1, letter o)).

The manager is then required to establish a register of telematic sales assignments received, in which a series of information is recorded (judicial office where the procedure is pending, type of assignment and sale, the number of lots offered for sale, the price, expenses and fees, etc.) (Article 9, paragraph 1). The aforementioned data must be sent annually to the manager, in accordance with the technical specifications established by the manager for the automated information systems of the Ministry, having heard, limited to the profiles relating to the protection of personal data, the Guarantor (articles 9, paragraph 2, and 26 ).

The telematic sales manager is required to process the data collected in compliance with the legislative decree 30 June 2003, n. 196, containing the Code regarding the protection of personal data (infra Code) (Article 9, paragraph 4).

Chapter III of the decree governs the electronic procedures for the sale of goods, starting with the methods of presentation and transmission of the offer (articles 12, 13 and 14). The offer must contain, among other things, the identification data of the bidder, including the tax code, the indication of the referent of the procedure, the address of the certified e-mail box (PEC) used to transmit the offer. and to receive communications, any mobile phone number where they can be contacted (Article 12, paragraph 1). If the bidder resides outside the territory of the State, and the tax code is not assigned, it is necessary to indicate the tax code issued by the country of residence or, failing that, a similar identification code (Article 12, paragraph 2).

To guarantee secrecy, the offer for online sales is encrypted using software created by the Ministry, in the form of an IT document with no active elements and in compliance with the technical specifications referred to in Article 26 (Article 12, paragraph 3) .

The offer is sent by means of a special "certified electronic mail for telematic sale" box issued by one of the e-mail managers registered in the Ministry's telematic services portal, to a dedicated PEC address of the Ministry of Justice (art. 12, paragraph 4 and 13, paragraph 1). The transmission of the offer in these ways replaces the advanced electronic signature of the offer itself, provided that the sending takes place in compliance with the PEC provisions and that the PEC manager certifies in the message that he has issued the access credentials after identification of the applicant. When the identification is carried out electronically, it can take place by transmitting to the operator an electronic copy by image of an analog document of identity of the applicant (articles 2, paragraph 1, letter n), 12, paragraph 4 and 13, paragraphs 2 and 3). The scheme provides, however, that the offer can be sent by "ordinary" certified electronic mail as long as it is signed with a digital signature (Article 12, paragraph 5).

The deposit of the offer is completed at the moment of the generation of the delivery receipt by the PEC manager of the Ministry; in order to ensure transparency by allowing other bidders to know the conditions of the offer, the software processes a duplicate containing the offer with the exception of the bidder's identification data (Article 14, paragraph 3).

In order to facilitate the participation of bidders, a specific invitation to connect is then provided (connection notice) sent by PEC and SMS by the manager to the interested party, in order to communicate the start of the sales operations (Article 16) .

Of particular importance, from the point of view of the protection of personal data, is the regulation of access to the portal during sales operations (Article 20). It is envisaged that only the judge, the referent of the procedure and the clerk (i.e. the subjects authorized by the CPC), as well as any other persons authorized by the judge or the referent, can take part in telematic procedures in the sale operations without enchantment. In the case of a sale with enchantment, however, given the publicity of the hearings (Article 581 of the Italian Civil Code), anyone can attend the operations by connecting to the internet address indicated in the notice of sale, but after registering on the portal.

It is important to underline that, in any case, the portal of the telematic sales manager ensures the bidders access only to the data contained in the "duplicates" of the bids (which do not contain any identification information of the bidders, as seen above) by names with pseudonyms or other distinctive elements capable of ensuring the anonymity of persons (Article 20, paragraph 3). Specific reference is made to this guarantee of anonymity in the subsequent relevant provisions of the scheme - which govern, in more detail, the methods of telematic, synchronous, asynchronous, mixed sales (articles 21-25) - in order to ensure compliance with the confidentiality of bidders during sales operations (articles 22, paragraph 3, and 25, paragraphs 1, 7 and 8).

CONSIDERED

3. The opinion is given on a version of the draft decree that takes into account the in-depth analysis and indications suggested by the Guarantor's Office to the competent offices of the Administration concerned during informal meetings and contacts, aimed at perfecting the text and making it fully compliant with the regulations on the protection of personal data.

The observations of the Office concerned, in particular: the portal of the telematic sales manager, whose definition is now contained in the scheme (Article 2, paragraph 1, letter o)) and the selectivity of access to it during the sales operations (Article 20); the guarantees of anonymity of the bidder; the procedures for keeping the register of telematic sales managers, the relevance of the information collected therein for registration and the guarantees for the processing of judicial data necessary when verifying the integrity requirements (on this aspect, see paragraph 4) ; the procedures for transmitting the offer by e-mail.

The indications provided have been fully acknowledged by the Administration concerned, therefore, from this point of view, the Authority has no further observations to make on the articles.

CONSIDERED

4. The subject matter of today's draft decree is of particular delicacy from the point of view of the protection of personal data as it may involve the processing of "judicial data" for which particular guarantees are provided (Article 4, paragraph 1, letter e), 20, 21 and 22 of the Code).

In particular, this processing may be necessary during the checks carried out by the Ministry on the possession of the integrity requirements required for registration in the register of telematic sales managers (Article 4, paragraphs 4 and 5 of the scheme), through the acquisition of the certificate of the criminal record, pending charges and that relating to subjecting to preventive measures.

The processing of such data is authorized by law that specify the purposes of significant public interest (Article 21 of the Code) since, on the one hand, the case in question concerns an entry provided for "by law, by a regulation or Community legislation "(Article 68, paragraph 2, letter g), of the Code) and the application of the rules on" integrity requirements "(Article 69 of the Code) and, on the other, direct consultation , by a public administration, of the archives of the certifying administration "aimed ... at checking the self-declarations submitted by citizens" is considered to have been made for a purpose of significant public interest (Article 43, paragraph 2, Presidential Decree 445/2000 ).

The processing of the aforementioned data requires, however, as is known, the additional requirement of the regulatory provision which, in accordance with the same article 21 of the Code, identifies the types of data and operations that the competent Administration is authorized, respectively, to to treat and to carry out.

From this point of view, the Guarantor acknowledges that this provision has a regulatory nature and that, moreover, the Administration has appropriately transmitted, for its opinion, a draft regulation supplementing the decree of the Minister of Justice of 12 December 2006, n. 306 containing the discipline of the treatment of sensitive and judicial data by the Ministry of Justice, adopted pursuant to articles 20 and 21 of the Code. With this scheme, card no. 18 attached to the decree, which now refers to the "keeping of registers, registers and lists"; the form identifies the regulatory sources of the registers or lists already established or soon to be established (and among these, precisely, the art.161-ter of the provisions for the implementation of the code of civil procedure, legislative source of this decree establishing the register of telematic sales managers) the regulatory references containing the relevant public interest purposes pursued, the types of data processed (only "judicial") and the operations that can be carried out. In the description of the treatment it is specified that the data relating to the integrity requirements provided for by the current legislation may be acquired for the purposes of registration and maintenance of registration in the registers of natural or legal persons.

The Guarantor, on 10 April 2014, gave a favorable opinion on this supplementary decree scheme of Ministerial Decree 306 of 2006, the adoption of which is a necessary prerequisite for carrying out the treatments referred to in this provision.

THE GUARANTOR

expresses a favorable opinion on the draft decree of the Minister of Justice concerning the "Regulation containing the technical and operational rules for carrying out the sale of movable and immovable property by electronic means in the cases provided for by the code of civil procedure, pursuant to article 161- ter of the provisions for the implementation of the code of civil procedure ".

Rome, 15 May 2014

PRESIDENT

Serum

THE RAPPORTEUR

Iannini

THE SECRETARY GENERAL

Busia