Statute EPCE – click here for PDF
STATUTE
Article 1 – Name
It consists of the Association “European Center for Privacy” also called “European Policy Centre” with the acronym “EPCE“
Article 2 – Head Office
The Association has its registered office in the Latin Via Duca del Mare n. 16 and may set up sections, branches and offices in other locations in Italy and abroad.
Article 3 – Duration
The Association has a term until December 31, 2050.
Article 4 – Purpose
The Association is a non-profit organization and is independent of any specific business or political, pursuing the sole purpose of the promotion of scientific knowledge concerning the protection of personal data and information; the establishment of observatories on privacy, protection of personal data on identity theft and of any other issue that is relevant to the purposes of this statute; processing and development projects of organizational security for companies, processing and development of projects also integrated logical and physical security; conducting compliance activities is legislation relating to privacy legislation that any related legislation to the needs of corporate security, processing and development of security projects according to international ISO standards and best practices in general; the organization and management of training courses, seminars, conferences, lectures, higher education courses, master’s degrees abroad and the like, both with more traditional instruments that with the help of technology and delivering the same online.
More specifically, by way of example and without limitation, to achieve that aim, the Association may: 1) establishment and management courses at all levels, organizing services for businesses, government agencies, universities and schools at all levels and courses educational seminars for teachers and pre-school students, workers, etc .; 2) provide advice on technical matters, on legal protection of personal data and information, both national, but also European and international, on behalf and / or on behalf of any legal entity, public and / or private; 3) conducting training courses on legal issues, cultural and professional of all kinds related to the field of protection of personal data, particularly with regard to forms of courses delivered at a distance through platforms such as web conferencing and web seminars; 4) organize workshops at the scientific level of the legal, ethical, psychological, educational and cultural in general; 5) set up documentation centers to service members and citizens and organize an efficient public reading for all those interested in activities of studies and research; 6) provide for the purchase and distribution and publication of books, phonographic editions, audiovisual material variety of cultural interest for the benefit of shareholders and all stakeholders; 7) directing the members and the public in the field of publishing and about publications of interest to them; 8) carry out events, conferences, debates, exhibitions, seminars and research of all kinds to achieve and dissemination of their cultural objectives; 9) enter into agreements with public and private entities for the management of courses and seminars, the provision of services as part of its institutional purposes; 10) collaborate with all stakeholders, institutions, authorities, individuals, businesses, consumer associations, and any other entity or organization Italian, European or international wishing encourage, in cooperation, analysis, study, study and the development of thematic, technical and legal, related to the protection of personal data, information and privacy; 11) to promote and cure directly and / or indirectly the drafting and publishing of books and texts of all kinds, as well as other publications, also publish newsletters, surveys research, studies of bibliographies; 12) developing initiatives and programs of the European Commission and programs of organizations of emanation by the European Union in general; 13) carry observers in the field of legislation on protection of personal data and information on the organizational security, physical and logical security, regulatory compliance – particularly new technologies and computing paradigms – but more generally linked to the corporate or organizational security bodies generally. The association defends the prestige and interests – also collective – of its members, conducts aiming for more and maintaining relationships and interdisciplinary collaboration among all professionals belonging in any way part of the association itself, collaborating and coordinating the activities of its members by any lawful means. To achieve these aims, the Association will then collaborate with any public or private, local, national or international organizations and collaborate with movements or associations who have not politico-trade union with which it sees fit to have links.
The Association may also receive grants or subsidies of any kind from local authorities and private such as – but not limited to: Town, County, Region and companies in general – as well as from national and international bodies offering their help and advice in each of the fields in which operates.
Article 5 – Members
The members are founders, ordinary, honorary supporters.
Founding members are those obtained by the memorandum and have the benefits reserved by the Statute.
Ordinary members are those registered and in good standing with the payment of the annual membership fee.
Honorary members are those selected from among scholars of great renown who has particular merit in the scientific, academic and / or professional respect to the object of the association, to be appointed as such by the Board.
Supporting members are those who have distinguished themselves in the promotion and growth of the association who, through their work or their financial support, has gained particular luster; they are appointed by the Steering Committee.
They can be ordinary members of the Association, natural persons, legal entities and other public and private organizations of all types that accept the code of ethics and professional European Centre for Privacy and the statute of the Association.
All members enjoy the same rights as ordinary members, except for honorary members and supporters:
- They must pay the annual fee that is established by the Board;
- undertake to comply with the statutory provisions, regulations and resolutions adopted by the bodies of the Association;
Membership is personal and is not passed on to the heirs.
It is mandatory for each shareholder to update your personal information provided at the time of enrollment. Membership is lost by death, termination or bankruptcy, voluntary resignation, exclusion.
Article 6 – Admission Shareholders
To be eligible for an ordinary member of the association must submit an application and pay the application fee approved annually by the Board. The association membership is formalized through an application form addressed to the Board, upon acceptance of these Statutes and authorization to process data as provided by law. Your application is subject to discretion. The subject that will be communicated to the association must pay the admission fee that is not transmissible inter vivos and is not subject to repayment in the event of dissolution of the association relationship. Following the admission decision by the Steering Committee and the payment of membership dues from the new member, the same will be entered in the register of members.
If this opinion is unfavorable, even by the admission of only one component of the Management Committee – within 60 days of receipt of the request for admission – the same resolution on admission to membership by a majority of at least two thirds of the members. The decision of the Steering Committee are final and do not need any motivation.
Article 7 – Exclusion Membership
It can be excluded that the member commits actions prejudicial to the purposes and assets of the Association or harm the image of the Association. It can also be excluded with the shareholder defaulting payment of annual membership fees, notice of formal notice by the organs of the Association. The Steering Committee decides on the exclusion of shareholder with the same methods as for admission, providing the opportunity to submit a statement. The reinstatement or readmission of the member shall take a final Steering Committee.
The member excluded or withdrawing is not entitled to a refund of tuition paid, and is still required to pay the amount due to the Association. The member is not permitted as defined in art. 6 is entitled to reimbursement after expenses management practice registration, defined from year to year by the Board.
Article 8 – Organs of the Association
The Association consists of:
1) the Steering Committee;
2) the General Meeting;
3) the President of the Association;
4) The Secretary;
5) The Treasurer.
Article 9 – General Meeting
The meetings are validly constituted on first call when there are at least two-thirds of the regular members in good standing with the payment of the membership fee, after written invitation and communicated by any means (email, fax, postal mail) of the same with at least 5 days in advance on the date fixed for the meeting. The assemblies of the second convocation may deliberate validly whatever the number of Members present.
The Assembly is convened by the President of the Association; It may also be called by at least 1/3 of the Ordinary Members or by 3/4 of the members of the Steering Committee.
It required the affirmative vote of three-quarters (3/4) of the members to change the Articles of Association and the presence and the favorable vote of four fifths (4/5) of the shareholders to dissolve the association and appoint the liquidators, as well as to appoint a committee of auditors.
The meetings will also take place using IT systems and not subject to specific constraints of the form.
The resolutions of the Shareholders taken by a majority shall be binding on the minority except the right of withdrawal of the individual members to be exercised within 15 days from the date of publication of the Minutes in area members.
All meetings of the General Meeting will draw up the minutes, which will be given an account of the subject, of the votes unfavorable to any proposals made. The Chairman of the meeting has delegated the power to oversee the smooth running of the meeting.
These meetings will be chaired by the President of the Association of law if any, or the Vice President, or by founding partner eldest.
At the beginning of each meeting will appoint a Secretary who will start drafting material of the minutes.
The Shareholders’ Meeting shall, at intervals natural mandates and / or if necessary, to vote for the election of members of the Steering Committee from among the members who have applied for the post at least 7 days before the date of the first call ‘Assembly.
In the event of a tied vote between two or more members we will be given preference for the election with the following hierarchy: a founding member – seniority of registration – seniority registry.
Article 10 – Executive Committee
The Association is governed by a Steering Committee that has the ordinary and extraordinary management of the Association and is chaired by the President. The Steering Committee is composed of a variable number of three (3) to five (5) members elected by the General Meeting among the ordinary members.
The Committee shall elect the President, who has full powers for the opening of the bank account and for the fulfillment of obligations related prejudice to any other power in the hands of the treasurer; President legally represents the Association before third parties and in court and before all administrative and judicial authorities.
The Committee shall elect from among its members a Treasurer that performs all accounting and administrative activities of the Association, possibly delegating, even to non-members such activities. The Treasurer prepares the budget and monitors the matching of costs over the same, check the regular accounting of which it is responsible, shall pay the expenses authorized by the Board and the extraordinary unforeseen bringing in the latter case, the same as the first ratification Board meeting of the Steering Committee, prepares the final budget to be approved by the Steering Committee and the Assembly.
The Committee shall elect from among its members a Secretary who shall prepare the minutes and to their conservation.
The Steering Committee may be convened by the Chairman or any other member, at least three days before the meeting, including by e-mail, also PEC, or by communication through a mailing list specifically activated by the President and / or Secretary ; meetings can be held on site, or even with the help of systems of conference calls, telephone sessions, Skype sessions, video conferences and, in any case, through the use of any technological resource.
The resolutions of the Board shall be adopted by a simple majority. Of each meeting and shall record that, by the secretary, it must be transmitted to all members of the Steering Committee.
If the Steering Committee is composed of four components, the President’s vote is equivalent to two votes of other shareholders, if, however, the Management Committee is composed of five members, including the vice president’s vote is equivalent to two votes of other shareholders.
The President and Vice President shall hold office once elected 6 (six) years, except in cases of resignation, withdrawal, exclusion involving the fulfillment of behaviors that are highly detrimental to the objectives, the assets or the image of the Association; in the latter case, the shareholders’ meeting resolution with a majority of 3/4 (three quarters) of those present also in second call.
The Steering Committee remains in office for six (6) years and its members may be reelected.
In case of resignation of one or more members of the Executive Committee will proceed promptly to their election in the manner indicated above.
The President shall leave office with the decadence of the Executive Committee and / or resignation; in the latter case-law takes over the Vice President and will have to provide themselves promptly to the election of the new President.
If the components found to be simultaneously resigning 2/3 of the members of the Steering Committee, it decays and must be re-elected by the shareholders.
Voting by the Executive Committee shall be made by open ballot, expressed in any form. The Executive Committee resolutions are binding on all members.
The Executive Committee may, if necessary, by a majority of 2/3 of the members, appoint one or more persons, for the performance of specific tasks for the association’s activities. Such persons may not be members of the association and in case you require the specific skills will be chosen from among persons of proven professional qualification in the field.
The Steering Committee will have the right to issue day – a simple majority – a regulation for the activities of the Association, including the establishment and control of local branches, or more regulations for individual sectors, which will be binding for all types members.
Likewise, the Steering Committee will also appoint non-members between the scientific committees for individual disciplines.
Article 11 – Auditors
The Shareholders’ Meeting, if it deems appropriate, may appoint, by a majority of 4/5 (four fifths) a panel of three auditors who will remain in office for three years, as well as any board of arbitrators and establish their powers and attributions . The College of auditors will be up vigilance on the accounting and administrative management.
Article 12 – Dissolution Association
The dissolution of the Association is decided by a majority of 4/5 (four fifths) ruling also ordered the transfer of the assets and will appoint one or more liquidators.
Article 13 – Mandatory to attempt conciliation
All disputes between members, and between members and the Association, of whatever type, before being resolved judicially in accordance with Article below, you will have to make an attempt at amicable settlement of the matter, to be made for written by convening the parties including the dispute arose, by the most diligent party, before an arbitrator who will judge fairly amicable appointed by the President, and that must be compulsorily a lawyer or a judge.
The referee will hold their hearings at the Association.
The invitation must contain the reasons and the exponent will assign a deadline of not less than 10 days to be counted from the date they receive the same within which the other party must provide in writing to the exponent and referee their reasons.
The referee then convene the parties in person before him within a maximum period of 10 days from the date fixed in accordance with the previous paragraph; if the contending parties do not show up, or you do not also present only one party, the attempt to be deemed as failed and contenders will take legal action in accordance with and for the purposes of item below resulting fees may partner.
Article 14 – Arbitration Law and Jurisdiction
All disputes between the shareholders, of whatever type, be settled by arbitration of law; He will be appointed as an arbitrator if the dispute relates to up to five members and an arbitration panel of three arbitrators where the dispute concerns more than five members.
The arbitrator or arbitrators appointed in the manner referred to in the previous paragraph, will adhere to the regulation filed with the Chamber of Commerce in Latin America with regard to the implementation procedures and implementing its decisions.
Residually it will be dealt with exclusively by the Court of Latina.
Article 15 – Statement of residual
Although not provided for in the present Charter, the rules of law.