Italy: COVID-19 Emergency Update - A new decree on the gradual easing of COVID-19 restrictions has been enacted

In brief

On April 23, 2021 a new decree No. 52/2021 named "Reopening" (you can read the Italian version of the decree here) came into force, providing for new measures aimed at a gradual return to "normal" business by complying at the same time with COVID-19 restrictions.



Until July 31, 2021, remote working can be used by employers even in the absence of individual agreements, through a "simplified" procedure made available during the pandemic. This simplified procedure calls for the employer to (i) send a list of the employees working remotely to the Ministry of Labor via a dedicated website and (ii) provide the employees with a standard H&S notice provided by the Italian National Insurance Institution Against Accidents at Work (i.e., INAIL).

The use of remote working remains highly recommended.


Until July 31, 2021, employees who qualify as "fragile" due to health conditions, will be subject to extraordinary health surveillance, to be carried out by the Company doctor or by INAIL. Employees who are found to be unfit for their working activity cannot be dismissed for this reason.


The Decree introduces a so-called "green pass" that will be issued to:

  • individuals who (i) have been vaccinated or (ii) has recovered from COVID-19; in this case, the pass will be valid for 6 months;

  • individuals who had a negative swab test in the previous 48 hours: in this case the pass will be valid for 48 hours.

Green passes released by other EU Member States, as well as those issued by non-EU States certifying vaccination with one of the vaccines authorized by the EU, will be considered as equal to national passes.

As the Italian National Data Protection Authority has already raised some concerns regarding the implementation of green passes, further clarifications from said Authority and from the Italian Government are expected. Of course, we will keep you posted!


Starting April 26, 2021, travelling between and within Italian Regions classified as low and medium risk is allowed. Travel between Regions classified as high or very high risk will only be allowed for (i) green pass holders and (ii) all other individuals for the following reasons: work, absolute urgency, health needs, study, or the need to return to one's domicile, home or place of residency. You can read our newsletter on the classification of Regions according to the different levels of epidemiological risk here.

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