Il presente scritto è in corso di pubblicazione in M. Ricci, A. Olivieri (a cura di), La tutela dei dati del lavoratore. Visibile e invisibile in una prospettiva comparata, Cacucci, Bari, 2022.
The paper analyzes the main issues raised by the exercise of Employers' power of control over the telematic activities of workers, in the context of digital capitalism. The analysis is conducted through the rules fixed by art. 4 of the Workers' Statute, which is applicable either to the employment relationship or to new ways of working, such as smart working and platform working. After having examined the issues raised by the new formulation of art. 4 of the Workers’ Statute, the focus is centered on the so-called defensive controls, which are examined trough a critical approach of the solutions proposed by the most recent rulings of the Court of Cassation.