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With its decision no. 24/22/CONS of February 17, 2022, AGCOM has declared the procedure for determining the relevant market and the dominant position of companies in online advertising to be closed. This procedure started with Decision No. 356/19/CONS of 18 July 2019 (see IRIS 2019-9). The proceeding was established under Article 43, paragraph 2 of Legislative Decree No. 177/2005 (“the consolidated law on AVMS” or “ TUSMAR”) in force until 2021: according to this, the AGCOM had the power to investigate sectors of the so-called Sistema Integrato delle Comunicazioni (Integrated...

Legislative Decree No. 196/2003 (“Italian Data Protection Code”) has been recently amended. Specifically, Law Decree No. 139/2021 (as enacted and amended by Law No. 205/2021) introduced Section 144-bis, which provides a high-speed reporting system for revenge porn victims. Under Section 144-bis, part 1 of the Italian Data Protection Code, anyone, including minors over 14 years old, who has a well-founded reason to believe that audio recordings, images, videos or other IT documents with sexually explicit content concerning them, and intended to remain private, might be sent, delivered,...

Last year the OTT platform DAZN acquired the audiovisual rights on all the matches of the Italian Serie A Championship for the three seasons 2021-2024. This caught the attention of the Italian Communications Authority (AGCOM) that, since then, has been focusing on several issues concerning DAZN. Specifically, by means of Resolution No. 18/22/CONS, AGCOM assessed the reliability of DAZN’s audience rating system. Audience ratings are not only relevant for advertising and future investmentment purposes, but also for the distribution of the revenues resulting from the commercialization of...

On 4 November 2021, the Italian Government approved Legislative Decree no. 208/2021 (“New AVMS Code”) implementing Directive (EU) 2018/1808 of the European Parliament and of the Council that amended Directive 2010/13/EU (“AVMS Directive”). Legislative Decree no. 208/2021 has repealed and substituted Legislative Decree No. 177/2005 (“Previous AVMS Code”). As is customary in Italy, the European Delegation Act 2019-2020 entrusted the Government with the transposition of several EU Directives into national law, with Article 3 dictating the guiding principles to...

On 8 November 2021, the Italian Government approved legislative decree no. 177/2021 (“Legislative Decree”) implementing Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (“DSM Copyright Directive”). The Legislative Decree substantially amended law no. 631/1941 (the Italian “Copyright Law”). As is customary in Italy, the European Delegation Act 2019-2020 entrusted the Government with the transposition of several EU...