Shareholders' rights

Considering the current health emergency related to COVID-19 and taking into account law and regulatory provisions enacted for the containment of the contagion, the Company decided to use the option set forth under Article 106, paragraph 4, of Law Decree no. 18 of March 17, 2020, providing that those entitled to attend and vote at the Shareholders’ Meeting shall be entitled to participate in the latter exclusively through the representative appointed by the Company pursuant to Article 135-undecies of Legislative Decree no. 58 of February 24, 1998 (i.e. through Computershare S.p.A., with registered office in Milan, Via Lorenzo Mascheroni no. 19 – the “Exclusive Proxy”).

Having said that those entitled to vote shall be entitled to participate in the Meeting exclusively through the Exclusive Proxy, it should be noted that Directors, Statutory Auditors, the secretary of the Meeting (if any), the notary, the Exclusive Proxy itself and other persons whose participation in the Meeting is required may also attend by means of electronic participation that ensure their identification; in any case, it shall not be required for the chair, the secretary and the notary to be in the same place.

 

Pursuant to Article 83-sexies of Legislative Decree no. 58 of February 24, 1998 and Article 10.1 of the Corporate bylaws, the right to attend and vote at the Meeting – exclusively through the Exclusive Proxy Computershare S.p.A. – shall be conditional upon the receipt by the Company of a notice by an authorized intermediary, stating the right to attend and vote at the Meeting, based on the accounting records at the end of the seventh trading day prior to the date of the Shareholders’ Meeting (i.e. on May 5, 2020).

The credit or debit registrations made on the accounting records after the said term shall not be taken into account for the purpose of entitling to vote at the Shareholders’ Meeting.

The Company shall receive the above notices by the end of the third trading day prior to the date of the Shareholders’ Meeting (i.e. by May 11, 2020); the right to attend and vote remains unaffected if the notices are received by the Company after the aforesaid deadline, provided that they are received by the beginning of the Shareholders’ Meeting.

 

Pursuant to Article 106, paragraph 4, of Law Decree no. 18 of March 17, 2020, participation in the Shareholders’ Meeting is allowed exclusively by giving a specific proxy to the Exclusive Proxy Computershare S.p.A., alternatively in accordance with:

(i)         Article 135-novies of Legislative Decree no. 58 of February 24, 1998, using the “form of ordinary proxy/sub-proxy”, as specified in this section of the website under the entry “Ordinary proxy/sub-proxy to the Exclusive Proxy and notification”; or

(ii)         Article 135-undecies of Legislative Decree no. 58 of February 24, 1998, using the “form of proxy to the representative appointed by the Company”, as specified in this section of the website under the entry “Proxy to the Exclusive Proxy in its capacity as representative appointed by the Company”.

Please note that electronic vote and/or vote by mail shall not be allowed.

 

Ordinary proxy/sub-proxy pursuant to Article 135-novies of Legislative Decree no. 58 of February 24, 1998

Pursuant to Article 106, paragraph 4, of Law Decree no. 18 of March 17, 2020, those who are entitled to vote at the Meeting may appoint a representative by giving a proxy and/or a sub-proxy to the Exclusive Proxy Computershare S.p.A. pursuant to Article 135-novies of Legislative Decree no. 58 of February 24, 1998.

The proxy and/or sub-proxy shall be granted in writing or through a document electronically signed pursuant to Legislative Decree no. 82 of March 7, 2005.

The proxy and/or sub-proxy to the Exclusive Proxy Computershare S.p.A. may contain voting instructions on all or certain proposals on the items on the agenda, it being understood that the Exclusive Proxy will not cast any vote at the Shareholders’ Meeting in relation to those proposals for which no specific voting instructions have been given.

It is reminded that, pursuant to Article 135-novies of Legislative Decree no. 58 of February 24, 1998, the proxy can entitle the proxy holder to be replaced by another person of his or her choice, without prejudice to the right of the represented shareholder to appoint one or more substitutes. In any case no substitutes may be indicated other than the Exclusive Proxy Computershare S.p.A.

It should be noted in this regard that, since participation in the Meeting is allowed exclusively through the Exclusive Proxy Computershare S.p.A., if the proxy is not directly granted to the latter, the proxy holder shall necessarily give a sub-proxy to the Exclusive Proxy Computershare S.p.A.

A form of ordinary proxy/sub-proxy, which may be used for the purpose of granting the proxy/sub-proxy, is downloadable in printable version from this website.

If the form of proxy/sub-proxy is not available in electronic form due to technical reasons, it will be sent in hard copy, free of charge, upon request, to be made by telephone at no. +39 06 45417401 (from Monday to Friday from 9:00 am to 6:00 pm).

It should be noted that, in order to attend and vote at the Meeting, the granting of the proxy does not exempt the entitled party from the obligation to request to the authorized intermediary the notice attesting that such party is entitled to attend the Meeting and to exercise his or her voting right, pursuant to Article 83-sexies of Legislative Decree no. 58 of February 24, 1998.

 

Ordinary proxy/sub-proxy notification

The proxy and/or sub-proxy must be delivered to the Exclusive Proxy Computershare S.p.A. (Ref. “Ordinary Proxy for the Shareholders’ Meeting Enel S.p.A.”), together with an undersigned ID copy and, in the case of a legal entity, the documentation proving representative powers of the signatory, by the following means:

  • for holders of advanced, qualified or digital electronic signature (AdES): by sending the proxy/sub-proxy signed with Advanced Electronic Signature by certified e-mail or by ordinary e-mail to enel@pecserviziotitoli.it;
  • for holders of certified e-mail (CEM): by sending a copy electronically reproduced (PDF format) of the proxy/sub-proxy to enel@pecserviziotitoli.it;
  • for holders of ordinary e-mail: by sending a copy electronically reproduced (PDF format) of the proxy/sub-proxy to enel@pecserviziotitoli.it;
  • by sending a copy of the proxy/sub-proxy by fax to no. +39 06.45417450.
     

Pursuant to Article 135-novies, paragraph 6, of Legislative Decree no. 58 of February 24, 1998, and Article 11.1 of the Corporate bylaws, the proxy and/or sub-proxy can be notified to the Company even electronically through the appropriate form “Electronic notification of the ordinary proxy/sub-proxy“ of this website, together with an undersigned ID copy and, in the case of a legal entity, the documentation proving representative powers of the signatory.

If the Exclusive Proxy is given a sub-proxy, the sub-delegating proxy must also send to the Exclusive Proxy, with the above-mentioned modalities, a copy of the proxy received by the person entitled to vote and the declaration by which the same sub-delegating proxy certifies that the copy of the proxy corresponds to the original and the identity of the person giving the proxy; for this purpose, it may be used the following form: “Declaration of the person giving the sub-proxy“.

If not already provided through a document signed with AdES and sent by CEM, the original of the proxy/sub-proxy and of the voting instructions – together with an undersigned ID copy and, in the case of a legal entity, the documentation proving representative powers of the signatory – shall be sent to the Exclusive Proxy Computershare S.p.A., Via Monte Giberto no. 33, 00138 Rome.

In order to allow Enel S.p.A. and the Exclusive Proxy Computershare S.p.A. to receive and verify the proxies and/or sub-proxies in advance before the beginning of the Meeting, entitled persons are recommended to provide their proxies and/or sub-proxies within 2:00 pm of May 13, 2020.

The proxy and/or sub-proxy and/or the relevant voting instructions may be revoked until the beginning of the Meeting by sending an e-mail to enel@pecserviziotitoli.it.

For information regarding the granting of the ordinary proxy to the Exclusive Proxy, please call Computershare S.p.A. at no. +39 06 45417401.

 

The Company reserves the right not to accept proxies which are sent electronically with damaged files or are otherwise illegible.

Please indicate in the message accompanying the proxy a telephone number, fax number or e-mail address of the sender.

 

Information on processing of personal data

Controller

Enel S.p.A., with registered office in Rome, Viale Regina Margherita no. 137, VAT code no. 00934061003 (hereinafter, “Enel” or the “Controller”), in its capacity as Controller, will process Personal Data (as defined hereinafter) in compliance with the provisions of the applicable laws on protection of personal data (articles 13 and 14 of the Regulation (EU) No. 679/2016 – “GDPR” and Legislative Decree no. 196 of June 30, 2003) as well as with this information.

Data Protection Officer (DPO)

The Controller appointed a DPO which can be reached at the following email address: dpoenel@enel.com.

Object and Modalities of Processing

The Controller will process your identifier personal data (such as name, surname, residence) provided by you or the personal data concerning third parties (e.g., sub-delegated or substitutes of proxy holders) provided by you (“Personal Data”) with respect to the right to attend the Shareholders’ Meeting called on May 14, 2020 (hereinafter, the “Meeting”), which is allowed exclusively by means of a proxy and/or sub-proxy to the Exclusive Proxy Computershare S.p.A., and to the further activities related to the latter, for example voting and intervening.

Processing of Personal Data under this information means any operation or set of operations which is performed on Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Processing of Personal Data will be carried out manually and/or with the use of computerized mechanisms and by means of information technology systems.

Purposes and legal basis for processing

Enel will process the Personal Data in relation to the attendance to the Meeting, in particular for the attendance by proxy and/or sub-proxy to the Exclusive Proxy Computershare S.p.A..

The legal basis for the processing is represented by the Controller’s obligation under applicable laws to grant the exercise by you – through the Exclusive Proxy Computershare S.p.A. – of the rights granted by the applicable law in relation to the attendance to the Meeting.

Transmission and processing of the Personal Data are necessary for the abovementioned purposes. The failure to transmit such Personal Data determines the impossibility to attend the abovementioned Meeting.

Recipients of Personal Data

In compliance with the principle of data minimisation, the Personal Data, for the purposes described above, may be disclosed to:

a) employees and partners of the Controller which are entrusted with the data processing before, during and after the Meeting;
b) third companies or other persons in their capacity as autonomous Controllers or that carry out activities on behalf of the Controller in their capacity as Processors;
c) Computershare S.p.A., a company not belonging to Enel Group, appointed as processor for the purposes of ensuring protection of the shareholders’ rights provided for by the applicable laws.

Transfer of Personal Data

Your Personal Data will be processed within the European Union and stored on server located within the European Union. The same data may be processed in Countries outside the European Union, provided that an adequate level of protection is ensured, recognized by a specific adequacy decision of the European Commission.

Any transfer of Personal Data to non-EU Countries, in the absence of an adequacy decision by the European Commission, will be possible only if the involved Controllers and Processors provide adequate guarantees based on contracts or agreements, including binding corporate rules and standard contractual clauses on data protection.

The transfer of Personal Data to third countries outside the European Union, in the absence of an adequacy decision or other appropriate measures as described above, will be carried out only in the cases provided for by GDPR.

Period for which the Personal Data will be stored

The Personal Data provided will be stored pursuant to the proportionality principle until the purposes of the processing are pursued and, in any case, for a period not exceeding 10 years and will not be communicated to third parties, except for the purpose of complying with the applicable laws or regulations. Such period is compliant with the provisions of the Issuers’ regulation adopted by Consob through Resolution no. 11971 of May 14, 1999 which requires the issuers to disclose regulated information on their internet website and to keep it disclosed for five years.

Rights of data subjects

Under the applicable laws, with reference to the Personal Data provided, it is possible to exercise the following rights:

(i)         right to access to and obtain copy;
(ii)        right to request rectification;
(iii)       right to request erasure;
(iv)       right to obtain the restriction of processing;
(v)        right to object processing;
(vi)       right to receive the personal data in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller.

For the exercise of the above-mentioned rights please refer to the following email address: privacy.ca@enel.com.

Please note that it is possible to obtain additional information on Personal Data by the Enel’s Data Protection Officer, as indicated above, indicating mandatorily in the subject “Shareholders’ Meeting of Enel S.p.A.”.

We remind you that the applicable laws provide for the right to lodge a complaint with the Italian Data Protection Authority, with registered office in Rome, Piazza Venezia no. 11; Tel. (+39) 06.696771, CEM: protocollo@pec.gpdp.it.

 

To send the electronic proxy notification you will need to complete the form at the bottom of the page.

The proxy may also be given to the Exclusive Proxy Computershare S.p.A., in its capacity as representative appointed by the Company pursuant to Article 135-undecies of Legislative Decree no. 58 of February 24, 1998.

The proxy to the representative appointed by the Company may contain voting instructions for all or certain items on the agenda and must be given by the end of the second trading day before the Meeting (i.e. by the end of May 12, 2020).

The proxy to Computershare S.p.A. in its capacity as representative appointed by the Company shall be effective only for the proposal in relation to which voting instructions have been given. The shares in relation to which a full or partial proxy is given to the representative appointed by the Company are considered for the duly constitution of the Meeting. With reference to the proposals in relation to which voting instructions are not given, the relevant shares are not considered for the purpose of calculating the majority and the quorum required for the approval of the resolutions.

Shareholders will not bear any cost for giving the proxy to the representative appointed by the Company, except for costs necessary to send the proxy itself.

It should be noted that, in order to attend and vote at the Meeting, the granting of the proxy to the representative appointed by the Company does not exempt the entitled party from the obligation to request to the authorized intermediary the notice to the Company certifying that such party is entitled to attend the Meeting and to exercise his or her voting rights, pursuant to Article 83-sexies of Legislative Decree no. 58 of February 24, 1998.

The proxy may be given to the representative appointed by the Company using the specific web application, prepared and managed directly by Computershare S.p.A., which can be used for the guided filing of the form of the proxy to the representative appointed by the Company.

Guided filing of the form of the proxy to the representative appointed by the Company

The form of the proxy to the representative appointed by the Company is also available, in downloadable and printable version, in this section of the website of the Company.

Form of the proxy to the representative appointed by the Company

The proxy to the representative appointed by the Company may also be delivered to the Exclusive Proxy  Computershare S.p.A. (Ref. “Proxy to the representative appointed by the Company for the Shareholders’ Meeting Enel S.p.A.”), together with an undersigned ID copy and, in the case of a legal entity, the documentation proving representative powers of the signatory, by the following means:

  • for holders of advanced, qualified or digital electronic signature (AdES): by sending the proxy signed with Advanced Electronic Signature by certified e-mail or by ordinary e-mail to enel@pecserviziotitoli.it;
  • for holders of certified e-mail (CEM): by sending a copy electronically reproduced (PDF format) of the proxy to enel@pecserviziotitoli.it;
  • for holders of ordinary e-mail: by sending a copy electronically reproduced (PDF format) of the proxy to enel@pecserviziotitoli.it;
  • by sending a copy of the proxy by fax to no. +39 06.45417450.


If not already provided through the specific web application or through a document signed with AdES and sent by CEM, the original of the proxy and of the voting instructions – together with an undersigned ID copy and, in the case of a legal entity, the documentation proving representative powers of the signatory – shall be sent to Computershare S.p.A., Via Monte Giberto no. 33, 00138 Rome. The proxy and the voting instructions may be revoked within the said term (May 12, 2020) and with the modalities indicated above.

Please note that, if the form of the proxy to the representative appointed by the Company is not available in electronic form due to technical reasons, it will be sent in hard copy, free of charge, upon request of the shareholder to be made by telephone at no. +39 06 45417401 (from Monday to Friday from 9:00 am to 6:00 pm).

For information regarding the granting of the proxy to the representative appointed by the Company, please call Computershare S.p.A. at no. +39 06 45417401.

 

Pursuant to Article 126-bis, paragraph 1, first period, of Legislative Decree no. 58 of February 24, 1998, shareholders who represent, also on a jointly basis, at least 2.5% of the share capital, may request, in writing, within ten days from the publication of the Notice of the Meeting (i.e. by April 14, 2020, considering that April 13 falls on a non-working day), to supplement the agenda, indicating, in the related request, the additional proposed items to be discussed, or to submit resolution proposals on items already on the agenda.

The agenda cannot be supplemented with items in relation to which the Meeting resolves, pursuant to the applicable laws, upon proposals of the Directors or on the basis of a project or a report prepared by the Directors, other than those under Article 125-ter, paragraph 1, of Legislative Decree no. 58 of February 24, 1998.

The requests to supplement the agenda or to submit resolution proposals may be filed by those shareholders in relation to which the Company has received a specific notice, certifying their shareholdings, from an authorized intermediary pursuant to the applicable laws.

The requests may be sent to the Company with the following modalities (Ref. “Supplementation of the Agenda” and/or “Resolution proposals”):

  • by fax, to no. +39 06 83055028
     

or

 

The Company reserves the right not to accept requests or resolution proposals which are illegible or sent with files damaged or otherwise illegible.

Please indicate in the message accompanying requests or resolution proposals a telephone number, fax number or e-mail address of the sender.

 

Information on processing of personal data

Controller

Enel S.p.A., with registered office in Rome, Viale Regina Margherita no. 137, VAT code no. 00934061003 (hereinafter, “Enel” or the “Controller”), in its capacity as Controller, will process Personal Data (as defined hereinafter) in compliance with the provisions of the applicable laws on protection of personal data (articles 13 and 14 of the Regulation (EU) No. 679/2016 – “GDPR” and Legislative Decree no. 196 of June 30, 2003) as well as with this information.

Data Protection Officer (DPO)

The Controller appointed a DPO which can be reached at the following email address: dpoenel@enel.com.

Object and Modalities of Processing

The Controller will process your identifier personal data (such as name, surname, residence) provided by you or the personal data concerning third parties (e.g., sub-delegated or substitutes of proxy holders) provided by you (“Personal Data”) with respect to the right to attend the shareholders’ meeting (hereinafter, the “Meeting”) and to the further activities related to the latter, for example voting and intervening.

Processing of Personal Data under this information means any operation or set of operations which is performed on Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Processing of Personal Data will be carried out manually and/or with the use of computerized mechanisms and by means of information technology systems.

Purposes and legal basis for processing

Enel will process the Personal Data in relation to the attendance to the Meeting, in particular with respect to the attendance to the latter in person or by proxy, to the right to supplement the agenda and to ask questions before the Meeting.

The legal basis for the processing is represented by the Controller’s obligation under applicable laws to grant the exercise by you – also through proxy holders or sub-delegated – of the rights granted by the applicable law in relation to the attendance to the Meeting.

Transmission and processing of the Personal Data are necessary for the abovementioned purposes. The failure to transmit such Personal Data determines the impossibility to accept the request made from time to time.

Recipients of Personal Data

In compliance with the principle of data minimisation, the Personal Data, for the purposes described above, may be disclosed to:

a) employees and partners of the Controller which are entrusted with the data processing before, during and after the Meeting;
b) third companies or other persons in their capacity as autonomous Controllers or that carry out activities on behalf of the Controller in their capacity as Processors;
c) Computershare S.p.A., a company not belonging to Enel Group, appointed as processor for the purposes of ensuring protection of the shareholders’ rights provided for by the applicable laws.

Transfer of Personal Data

Your Personal Data will be processed within the European Union and stored on server located within the European Union. The same data may be processed in Countries outside the European Union, provided that an adequate level of protection is ensured, recognized by a specific adequacy decision of the European Commission.

Any transfer of Personal Data to non-EU Countries, in the absence of an adequacy decision by the European Commission, will be possible only if the involved Controllers and Processors provide adequate guarantees based on contracts or agreements, including binding corporate rules and standard contractual clauses on data protection.

The transfer of Personal Data to third countries outside the European Union, in the absence of an adequacy decision or other appropriate measures as described above, will be carried out only in the cases provided for by GDPR.

Period for which the Personal Data will be stored

The Personal Data provided will be stored pursuant to the proportionality principle until the purposes of the processing are pursued and, in any case, for a period not exceeding 10 years and will not be communicated to third parties, except for the purpose of complying with the applicable laws or regulations. Such period is compliant with the provisions of the Issuers’ regulation adopted by Consob through Resolution no. 11971 of May 14, 1999 which requires the issuers to disclose regulated information on their internet website and to keep it disclosed for five years.

Rights of data subjects

Under the applicable laws, with reference to the Personal Data provided, it is possible to exercise the following rights:

(i)         right to access to and obtain copy;
(ii)        right to request rectification;
(iii)       right to request erasure;
(iv)       right to obtain the restriction of processing;
(v)        right to object processing;
(vi)       right to receive the personal data in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller.

For the exercise of the above-mentioned rights please refer to the following email address: privacy.ca@enel.com.

Please note that it is possible to obtain additional information on Personal Data by the Enel’s Data Protection Officer, as indicated above, indicating mandatorily in the subject “Shareholders’ Meeting of Enel S.p.A.”.

We remind you that the applicable laws provide for the right to lodge a complaint with the Italian Data Protection Authority, with registered office in Rome, Piazza Venezia no. 11; Tel. (+39) 06.696771, CEM: protocollo@pec.gpdp.it.

 

 

It is reminded that, pursuant to Article 126-bis, paragraph 4, of Legislative Decree no. 58 of February 24, 1998, shareholders who request to supplement the agenda or to submit new resolution proposals on items already provided in the agenda shall prepare a report containing the reason of the resolution proposals regarding the additional items to be discussed or the reason concerning the additional resolution proposals on items already on the agenda. Such report shall be sent to the Company with the modalities provided above, by the deadline set for the request to supplement the agenda.

The requests to supplement  the agenda or the new resolution proposals on items already provided in the agenda are disclosed by the Company with the same modalities prescribed for the publication of the Notice of the Meeting at least fifteen days before the date set for the Meeting.

The additional resolution proposals on items already provided in the agenda and the aforementioned explanatory reports (together with possible evaluations of the Board of Directors) will be made available by the Company at its registered office, in this section of the Company’s website under “Documentation and Reports and according to the other modalities required by the applicable laws, together with the publication of the notice of the requests.

 

Considering that participation in the Shareholders’ Meeting is allowed exclusively through the Exclusive Proxy Computershare S.p.A., in relation to this Meeting it is envisaged that those entitled to vote may individually submit to the Company resolution proposals on items on the agenda – pursuant to Article 126-bis, paragraph 1, third period, of Legislative Decree no. 58 of February 24, 1998 – by April 29, 2020. Proposals must be drafted in a clear and complete manner.

The above-mentioned resolution proposals can be submitted with the following modalities (Ref. “Individual resolution proposals before the Meeting”):

  • by fax, to no. +39 06 83055028


or

Such   resolution proposals will be published by the Company, in this section of the website under “Documentation and Reports”, by May 4, 2020, so that those entitled to vote can take them into account in order to give their proxies and/or sub-proxies, with relevant voting instructions, to the Exclusive Proxy Computershare S.p.A.

For the purposes of their publication, as well as for the holding of the Meeting, please note that the Company may verify the relevance of the proposals with respect to the items on the agenda, their completeness and compliance with applicable laws and regulations, and the entitlement of the proposers.
 

The Company reserves the right not to accept resolution proposals which are illegible or sent with files damaged or otherwise illegible.

Please indicate in the message accompanying resolution proposals a telephone number, fax number or e-mail address of the sender.

 

Information on processing of personal data

Controller

Enel S.p.A., with registered office in Rome, Viale Regina Margherita no. 137, VAT code no. 00934061003 (hereinafter, “Enel” or the “Controller”), in its capacity as Controller, will process Personal Data (as defined hereinafter) in compliance with the provisions of the applicable laws on protection of personal data (articles 13 and 14 of the Regulation (EU) No. 679/2016 – “GDPR” and Legislative Decree no. 196 of June 30, 2003) as well as with this information.

Data Protection Officer (DPO)

The Controller appointed a DPO which can be reached at the following email address: dpoenel@enel.com.

Object and Modalities of Processing

The Controller will process your identifier personal data (such as name, surname, residence) provided by you or the personal data concerning third parties (e.g., sub-delegated or substitutes of proxy holders) provided by you (“Personal Data”) with respect to the right to attend the shareholders’ meeting (hereinafter, the “Meeting”) and to the further activities related to the latter, for example voting and intervening.

Processing of Personal Data under this information means any operation or set of operations which is performed on Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Processing of Personal Data will be carried out manually and/or with the use of computerized mechanisms and by means of information technology systems.

Purposes and legal basis for processing

Enel will process the Personal Data in relation to the attendance to the Meeting, in particular with respect to the attendance to the latter in person or by proxy, to the right to supplement the agenda and to ask questions before the Meeting.

The legal basis for the processing is represented by the Controller’s obligation under applicable laws to grant the exercise by you – also through proxy holders or sub-delegated – of the rights granted by the applicable law in relation to the attendance to the Meeting.

Transmission and processing of the Personal Data are necessary for the abovementioned purposes. The failure to transmit such Personal Data determines the impossibility to accept the request made from time to time.

Recipients of Personal Data

In compliance with the principle of data minimisation, the Personal Data, for the purposes described above, may be disclosed to:

a)       employees and partners of the Controller which are entrusted with the data processing before, during and after the Meeting;
b)       third companies or other persons in their capacity as autonomous Controllers or that carry out activities on behalf of the Controller in their capacity as Processors;
c)       Computershare S.p.A., a company not belonging to Enel Group, appointed as processor for the purposes of ensuring protection of the shareholders’ rights provided for by the applicable laws.

Transfer of Personal Data

Your Personal Data will be processed within the European Union and stored on server located within the European Union. The same data may be processed in Countries outside the European Union, provided that an adequate level of protection is ensured, recognized by a specific adequacy decision of the European Commission.

Any transfer of Personal Data to non-EU Countries, in the absence of an adequacy decision by the European Commission, will be possible only if the involved Controllers and Processors provide adequate guarantees based on contracts or agreements, including binding corporate rules and standard contractual clauses on data protection.

The transfer of Personal Data to third countries outside the European Union, in the absence of an adequacy decision or other appropriate measures as described above, will be carried out only in the cases provided for by GDPR.

Period for which the Personal Data will be stored

The Personal Data provided will be stored pursuant to the proportionality principle until the purposes of the processing are pursued and, in any case, for a period not exceeding 10 years and will not be communicated to third parties, except for the purpose of complying with the applicable laws or regulations. Such period is compliant with the provisions of the Issuers’ regulation adopted by Consob through Resolution no. 11971 of May 14, 1999 which requires the issuers to disclose regulated information on their internet website and to keep it disclosed for five years.

Rights of data subjects

Under the applicable laws, with reference to the Personal Data provided, it is possible to exercise the following rights:

(i)         right to access to and obtain copy;
(ii)        right to request rectification;
(iii)       right to request erasure;
(iv)       right to obtain the restriction of processing;
(v)        right to object processing;
(vi)       right to receive the personal data in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller.

For the exercise of the above-mentioned rights please refer to the following email address: privacy.ca@enel.com.

Please note that it is possible to obtain additional information on Personal Data by the Enel’s Data Protection Officer, as indicated above, indicating mandatorily in the subject “Shareholders’ Meeting of Enel S.p.A.”.

We remind you that the applicable laws provide for the right to lodge a complaint with the Italian Data Protection Authority, with registered office in Rome, Piazza Venezia no. 11; Tel. (+39) 06.696771, CEM: protocollo@pec.gpdp.it.

 

Pursuant to Article 127-ter of Legislative Decree no. 58 of February 24, 1998 those entitled to exercise their voting rights, in relation to which the Company has received a specific notice from an authorized intermediary pursuant to the applicable laws, may ask questions on the items on the agenda also before the Meeting.

Those who intend to exercise such right shall provide the Company with their questions within the seventh trading day before the date set for the Meeting (i.e. no later than May 5, 2020). Shareholders are invited to clearly indicate the item on the agenda to which each question filed refers to.

Questions filed before the Meeting will be answered, through publication in this section of the website under Questions and answers before the Meeting”, by 12 May 2020. The Company may provide a single answer to similar questions. It is reminded that no answer will be granted, at the Meeting, to questions asked before the Meeting, when the information requested is already provided in the “question and answer” format of this section of the website or when the answer has already been published in such section.

Questions may be sent to the Company:

  • by fax, to no. +39 06 83055028


or


In order to allow the identification by the Company, the persons concerned shall indicate, together with the questions: their name and last name, place (Country and City) and date of birth, tax identification number (or equivalent), e-mail address and telephone number.

 

The Company reserves the right not to answer the questions which are illegible or sent with files damaged or otherwise illegible.

Please indicate in the message accompanying the questions a telephone number, fax number or e-mail address of the sender.

 

Information on processing of personal data

Controller

Enel S.p.A., with registered office in Rome, Viale Regina Margherita no. 137, VAT code no. 00934061003 (hereinafter, “Enel” or the “Controller”), in its capacity as Controller, will process Personal Data (as defined hereinafter) in compliance with the provisions of the applicable laws on protection of personal data (articles 13 and 14 of the Regulation (EU) No. 679/2016 – “GDPR” and Legislative Decree no. 196 of June 30, 2003) as well as with this information.

Data Protection Officer (DPO)

The Controller appointed a DPO which can be reached at the following email address: dpoenel@enel.com.

Object and Modalities of Processing

The Controller will process your identifier personal data (such as name, surname, residence) provided by you or the personal data concerning third parties (e.g., sub-delegated or substitutes of proxy holders) provided by you (“Personal Data”) with respect to the right to attend the shareholders’ meeting (hereinafter, the “Meeting”) and to the further activities related to the latter, for example voting and intervening.

Processing of Personal Data under this information means any operation or set of operations which is performed on Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Processing of Personal Data will be carried out manually and/or with the use of computerized mechanisms and by means of information technology systems.

Purposes and legal basis for processing

Enel will process the Personal Data in relation to the attendance to the Meeting, in particular with respect to the attendance to the latter in person or by proxy, to the right to supplement the agenda and to ask questions before the Meeting.

The legal basis for the processing is represented by the Controller’s obligation under applicable laws to grant the exercise by you – also through proxy holders or sub-delegated – of the rights granted by the applicable law in relation to the attendance to the Meeting.

Transmission and processing of the Personal Data are necessary for the abovementioned purposes. The failure to transmit such Personal Data determines the impossibility to accept the request made from time to time.

Recipients of Personal Data

In compliance with the principle of data minimisation, the Personal Data, for the purposes described above, may be disclosed to:

a) employees and partners of the Controller which are entrusted with the data processing before, during and after the Meeting;
b) third companies or other persons in their capacity as autonomous Controllers or that carry out activities on behalf of the Controller in their capacity as Processors;
c) Computershare S.p.A., a company not belonging to Enel Group, appointed as processor for the purposes of ensuring protection of the shareholders’ rights provided for by the applicable laws.

Transfer of Personal Data

Your Personal Data will be processed within the European Union and stored on server located within the European Union. The same data may be processed in Countries outside the European Union, provided that an adequate level of protection is ensured, recognized by a specific adequacy decision of the European Commission.

Any transfer of Personal Data to non-EU Countries, in the absence of an adequacy decision by the European Commission, will be possible only if the involved Controllers and Processors provide adequate guarantees based on contracts or agreements, including binding corporate rules and standard contractual clauses on data protection.

The transfer of Personal Data to third countries outside the European Union, in the absence of an adequacy decision or other appropriate measures as described above, will be carried out only in the cases provided for by GDPR.

Period for which the Personal Data will be stored

The Personal Data provided will be stored pursuant to the proportionality principle until the purposes of the processing are pursued and, in any case, for a period not exceeding 10 years and will not be communicated to third parties, except for the purpose of complying with the applicable laws or regulations. Such period is compliant with the provisions of the Issuers’ regulation adopted by Consob through Resolution no. 11971 of May 14, 1999 which requires the issuers to disclose regulated information on their internet website and to keep it disclosed for five years.

Rights of data subjects

Under the applicable laws, with reference to the Personal Data provided, it is possible to exercise the following rights:

(i)         right to access to and obtain copy;
(ii)        right to request rectification;
(iii)       right to request erasure;
(iv)       right to obtain the restriction of processing;
(v)        right to object processing;
(vi)       right to receive the personal data in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller.

For the exercise of the above-mentioned rights please refer to the following email address: privacy.ca@enel.com.

Please note that it is possible to obtain additional information on Personal Data by the Enel’s Data Protection Officer, as indicated above, indicating mandatorily in the subject “Shareholders’ Meeting of Enel S.p.A.”.

We remind you that the applicable laws provide for the right to lodge a complaint with the Italian Data Protection Authority, with registered office in Rome, Piazza Venezia no. 11; Tel. (+39) 06.696771, CEM: protocollo@pec.gpdp.it.

 

To attach the request you will need to complete the form at the bottom of the page.

In this section are published answers to the questions filed before the Meeting pursuant to Article 127-ter of Legislative Decree no. 58 of February 24, 1998.

Questions and answers before the Meeting

PDF (1.06MB) Descargar

Upload the proxy/sub-proxy, duly signed and filled out entirely and with legible characters, together with an undersigned ID copy and, in the case of a legal entity, the documentation proving representative powers of the signatory (PDF files only).

Proxy holder – Person giving the sub-proxy

Error. Please check and re-enter your name.
Error. Please check and re-enter your last name.
Error. Please check and re-enter your place of birth (Country).
Error. Please check and re-enter your place of birth (City).
Tax ID (or equivalent) error. Please check and re-enter your Tax ID (or equivalent).
Phone number error. Please check and re-enter your number.
E-mail error. Please check and re-enter your e-mail.

Upload the proxy, duly signed and filled out entirely and with legible characters. PDF files only. 5Mb max file size allowed.

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Some problem occurred. If the file size exceeds the limit, choose another one.

THE COMPANY WILL CONSIDER AS RECEIVED, VIA ELECTRONIC NOTIFICATION, ONLY THE PROXIES/SUB-PROXIES IN RELATION TO WHICH A SPECIFIC CONFIRMATION E-MAIL WILL BE SENT TO THE ADDRESS ABOVE INDICATED. THE COMPANY RESERVES THE RIGHT NOT TO ACCEPT PROXIES/SUB-PROXIES WHICH ARE SENT ELECTRONICALLY WITH DAMAGED FILES OR ARE OTHERWISE ILLEGIBLE.

Please confirm that you have read and agree with the Information on processing of personal data
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In case of technical problems, please send an email to​ notificaelettronicadelega@enel.com.

Upload the question (PDF files only) 

Person entitled to vote uploading the question

Name error. Please check and re-enter your name.
Last name error. Please check and re-enter your last name.
Place of birth error. Please check and re-enter your place of birth (Country).
Place of birth error. Please check and re-enter your place of birth (City).
Tax ID (or equivalent) error. Please check and re-enter your Tax ID (or equivalent).
Phone number error. Please check and re-enter your number.
E-mail error. Please check and re-enter your e-mail.

Upload the question, duly signed and filled out entirely and with legible characters. PDF files only. 5Mb max file size allowed.

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Some problem occurred. Try again. Choose file and upload the proxy.
Please confirm that you have read and agree with the Information on processing of personal data
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In case of technical problems, please send an e-mail to domandeanteassemblea@enel.com.