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The Italian Communications Authority (AGCOM), following a public consultation (see IRIS 2022-9:1/12), unanimously adopted on 18 May 2023 Resolution no. 115/23/CONS implementing article 102-decies of the Italian law on copyright (law n. 633/1941). This is the second measure adopted by AGCOM in implementation of EU Directive/2019/790 (Copyright Directive), following the approval of the Regulation on fair compensation referred to in Resolution no. 3/23/CONS (see IRIS 2023-4:1/4). The Guidelines contained in Annex A of the second Resolution identify both general principles and criteria with which...

Through Resolution No. 51 of 23 February 2023, the Italian Data Protection Authority (Garante per la Protezione dei Dati Personali – the Garante) adopted its first ever decision on deceptive design patterns, also known as “dark patterns” (the Decision). Deceptive design patterns are defined by the European Data Protection Board in its Guidelines 03/2022 (the Guidelines), adopted on 14 February 2023, as “interfaces and user journeys implemented on social media platforms that attempt to influence users into making unintended, unwilling and potentially harmful decisions,...

With Resolution no. 76/23/CONS of 16 March 2023, the Italian Communications Authority launched a public consultation on the draft regulation for the implementation of Article 41, paragraph 9, of the legislative decree of 8 November 2021, no. 208 (so-called TUSMA). The regulation will apply to programmes, user-generated videos and audiovisual commercial communications addressed to the Italian public and conveyed by a platform whose supplier is established in another Member State. The consultation will last 30 days from 19 April 2023. In particular, the regulation provides for the removal...

Through Decision No. 112 of 30 March 2023 (“the Decision”) the Garante per la Protezione dei Dati Personali (Italian Data Protection Authority — “the Authority”) ordered the temporary limitation of the data processing activities carried out in relation to ChatGPT services. The Decision was rendered against U.S. based company OpenAI LLC (“OpenAI”) in its capacity as data controller of the personal data processed through its ChatGPT services. In particular, following vast media coverage of the ChatGPT service over the last few months, and the recent data...

With Resolution no. 3/23/CONS of 19 January 2023, the Italian Communications Authority (AGCOM), as a first step in protecting copyright and related rights in the digital single market envisaged by Directive 2019/790 (and in particular in Article 15), approved the Regulation on fair compensation. A new right to fair remuneration granted to both publishers (right holders) and authors for the use online of journalistic publications by information society service providers has been introduced. In particular, in accordance with Article 43-bis of the Copyright Law (Legge sul diritto d’autore...