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The Italian Communications Authority (AGCOM) has once again sanctioned the company META PLATFORMS IRELAND LIMITED (see IRIS 2023-3:1/14) for failing to provide requested information. The story originates from a previous case, which resulted in a fine of EUR 750 000 and highlighted a clear need to recover information relating to users of Meta's Facebook content sharing platform. Some users of this platform used Meta's advertising services to promote online gaming sites with cash prizes. In 2018, Italian legislation introduced an absolute ban on any advertising, direct or indirect,...

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...