Search results : 411

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...

On 6 March 2023, AGCOM published Resolution No. 44/23/CONS, launching a public consultation on the draft regulation on the “remuneration chapter”, extended collective licenses, and the negotiation mechanism for audiovisual works on VOD platforms. The relevant provisions of the Italian Copyright Law, as amended in the context of the transposition of Directive (EU) 2019/790 of 17 April 2019 on copyright and related rights in the Digital Single Market, granted AGCOM a wide array of regulatory, supervising, ADR (alternative dispute resolution) and sanctioning powers. In particular, the...

With Resolution no. 22/23/CONS of 8 February 2023, the Italian Communications Authority (Agcom) launched a public consultation on the issue of resolving disputes between users and video-sharing platforms (VSPs). In the national regulatory provision which transposes in Italy the new Article 28-b of the AVMS Directive, AGCOM has been given the task of setting up an alternative system of dispute resolution between users and VSP providers for violations of the principles established by Article 42 of the TUSMA (the consolidated Law on Audiovisual Media Services), other than the right of judicial...