Securityholders’ right
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 2, of Law Decree no. 18 of 17 March 2020 (pursuant to Law Decree no. 125 of 7 October 2020) providing that the participation in the Meeting by those entitled to participate may take place exclusively by means of telecommunications that guarantee the identification of the participants, their participation and the exercise of voting rights.
The procedures for participation in the Securityholders' Meeting are indicated in the paragraph "Attendance by means of teleconference" of the notice of call.
The notice of call of the Securityholders' Meeting illustrates how a securityholder may participate in the Securityholders' Meeting through a delegate.
The following ordinary proxy/sub - proxy form can be used for the conferral of the proxy and/or sub - proxy, which can be downloaded in a printable version:
Form of ordinary proxy/sub-proxy
The proxy and/or sub-proxy may also be notified to the Company electronically, by e-mail at consentsolicitation@enel.com.
The Company reserves the right not to accept proxies notified electronically with damaged or illegible files.
Please indicate a telephone number or e-mail address of the sender in the message accompanying the delegation of proxy.
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) or the personal data concerning third parties (e.g., sub-delegated or substitutes of proxy holders) both provided by you (“Personal Data”) with respect to the right to attend the Securityholders’ Meeting (hereinafter, the “Meeting”), which is allowed exclusively by means of telecommunications, 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 Personal Data in relation to the proceedings of the Meeting with particular regard to the participation both directly and by proxy in the Meeting, the integration of the agenda and the formulation of questions before the Meeting.
The legal basis for the processing is represented by the Controller’s obligation deriving from the law 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 at the Meeting.
The transmission and the processing of the Personal Data are necessary for the abovementioned purposes. The failure to transmit such Personal Data determines the impossibility to give course to the request from time to time advanced.
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.
Transfer of Personal Data
Personal Data will be processed within the European Union and stored on servers 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 guaranteed, 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 adequate guarantees of a contractual or contractual nature are provided by the controllers and responsible subjects involved, including binding corporate rules ("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 the processing;
(vi) right to receive the Personal Data in a structured, commonly used and machine-readable format and 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 “Securityholders’ 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, PEC: protocollo@pec.gpdp.it.
Securityholders who represent, individually or jointly, at least 2.5% of the nominal value of the outstanding security may request in writing, within ten days of the publication of the notice of call of the Securityholders' Meeting (i.e. by 2 November 2020), the integration of the list of items on the agenda to be discussed at the Securityholders' Meeting, indicating in the request the additional items proposed by them, or submit proposals for resolution on items already on the agenda of the Securityholders' Meeting. The person who has the right to vote may, in any case, individually submit resolution proposals to the Securityholders' Meeting.
Securityholders wishing to exercise these rights are required to apply to the relevant clearing system (Euroclear Bank SA/NV or Clearstream Banking S.A.) and submit to the Company documentation certifying ownership of the above mentioned portion of the security.
Requests for integration of the agenda and resolution proposals on the items already on the agenda may be sent to the Company, indicating as Ref. "Agenda integration" and/or "Resolution proposals", in the following ways:
- by fax to no. +39 0683057100
or
- electronically, by sending to the following e-mail address consentsolicitation@enel.com.
The Company reserves the right not to accept requests for integration or resolution proposals that are illegible or transmitted with damaged or otherwise illegible files.
Please indicate a telephone, fax or e-mail address of the sender in the message accompanying the integration requests or resolution proposals.
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) or the personal data concerning third parties (e.g., sub-delegated or substitutes of proxy holders) both provided by you (“Personal Data”) with respect to the right to attend the Securityholders’ Meeting (hereinafter, the “Meeting”), which is allowed exclusively by means of telecommunications, 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 Personal Data in relation to the proceedings of the Meeting with particular regard to the participation both directly and by proxy in the Meeting, the integration of the agenda and the formulation of questions before the Meeting.
The legal basis for the processing is represented by the Controller’s obligation deriving from the law 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 at the Meeting.
The transmission and the processing of the Personal Data are necessary for the abovementioned purposes. The failure to transmit such Personal Data determines the impossibility to give course to the request from time to time advanced.
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.
Transfer of Personal Data
Personal Data will be processed within the European Union and stored on servers 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 guaranteed, 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 adequate guarantees of a contractual or contractual nature are provided by the controllers and responsible subjects involved, including binding corporate rules ("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 the processing;
(vi) right to receive the Personal Data in a structured, commonly used and machine-readable format and 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 “Securityholders’ 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, PEC: protocollo@pec.gpdp.it.
It should be remembered that, pursuant to Article 126-bis, paragraph 4, of Legislative Decree no. 58 of 24 February 1998, securityholders who request the integration of the agenda or the submission of new resolution proposals on items already on the agenda must prepare a report containing the reasons for the resolution proposals on the new items they propose to discuss or the reasons for further resolution proposals submitted on items already on the agenda. This report must be sent to the Company, in the manner indicated above, within the deadline set for the submission of the request for integration.
Notice of additions to the agenda or the submission of further proposals for resolutions on items already on the agenda shall be given by the Company in the same form prescribed for the publication of the notice of call, at least fifteen days before the date set for the Securityholders' Meeting.
Further proposals for resolutions on items already on the agenda, as well as the aforesaid illustrative reports (accompanied by any evaluations of the Board of Directors), will be made available by the Company at the Company's registered office, within this section of the website under "Documents and Reports" and in the other ways provided for by current legislation, at the same time as the publication of the notice of the presentation.
Pursuant to Article 127-ter of Legislative Decree no. 58 of February 24, 1998 those entitled to exercise their voting rights may ask questions on the items on the agenda also before the Meeting.
Those who intend to make use of this faculty must send their applications to the Company, together with the necessary documentation to certify the legitimation of the Securityholder to the so-called record date (i.e. at the date of 17 November 2020), at the latest five days of open market on the Irish Stock Exchange before the date of the Securityholders' Meeting (i.e. within 19 November 2020).
Questions received before the Meeting will be answered, at the latest, during the Meeting itself. The Company may provide a single answer to questions having the same content. It should be noted that the questions asked before the Meeting shall not be answered at the Meeting when the information requested is already available in "question and answer" format in this section of the website or when the answer has already been published in that section.
Questions may be sent to the Company:
- by fax to no. +39 0683057100
- electronically, by sending to the following e-mail address consentsolicitation@enel.com.
To allow identification by the Company, together with the applications, the interested parties must indicate: name and surname; place (State and Municipality) and date of birth; tax code (or equivalent); e-mail address and telephone number.
The Company reserves the right not to answer questions that are illegible or transmitted with damaged or otherwise illegible files.
Please indicate a telephone, fax or e-mail address of the sender in the message accompanying the questions.
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) or the personal data concerning third parties (e.g., sub-delegated or substitutes of proxy holders) both provided by you (“Personal Data”) with respect to the right to attend the Securityholders’ Meeting (hereinafter, the “Meeting”), which is allowed exclusively by means of telecommunications, 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 Personal Data in relation to the proceedings of the Meeting with particular regard to the participation both directly and by proxy in the Meeting, the integration of the agenda and the formulation of questions before the Meeting.
The legal basis for the processing is represented by the Controller’s obligation deriving from the law 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 at the Meeting.
The transmission and the processing of the Personal Data are necessary for the abovementioned purposes. The failure to transmit such Personal Data determines the impossibility to give course to the request from time to time advanced.
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.
Transfer of Personal Data
Personal Data will be processed within the European Union and stored on servers 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 guaranteed, 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 adequate guarantees of a contractual or contractual nature are provided by the controllers and responsible subjects involved, including binding corporate rules ("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 the processing;
(vi) right to receive the Personal Data in a structured, commonly used and machine-readable format and 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 “Securityholders’ 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, PEC: protocollo@pec.gpdp.it.