Italy

[IT] AGCOM adopts new regulation on complaints against providers of intermediary services for infringement of the DSA

IRIS 2025-3:1/15

Ernesto Apa & Eugenio Foco

Portolano Cavallo

In a board meeting held on 22 January 2025, the Italian Communications Authority (Autorità per le Garanzie nelle Comunicazioni – AGCOM) approved a regulation laying down the procedural rules to handle complaints lodged under Article 53 of the Digital Services Act (DSA).

The regulation represents an additional regulatory act adopted by AGCOM in its role as Digital Services Coordinator (DSC) for Italy.

It should be noted that, under Article 53 of the DSA, recipients of the service and any body, organisation or association mandated to exercise the rights conferred therein on their behalf has the right to lodge a complaint before the DSC of the member state where the recipient of the service is located or established, alleging an infringement of the same DSA.

AGCOM, in its capacity as DSC for Italy, adopted the regulation to lay down the procedural rules that recipients of the service must follow to lodge a complaint under the abovementioned provision of the DSA. AGCOM has also provided a specific form that may be filled out to lodge the complaint.

If the complaint concerns a provider of intermediary services established in another EU member state, AGCOM will forward the complaint to the DSC of the place of establishment of the provider. In this instance, AGCOM will, nonetheless, acknowledge receipt of the complaint and communicate to the claimant any information on the status of the complaint made available by the DSC of the place of establishment. If the complaint concerns a provider of intermediary services established in Italy and the mandatory requirements are met, AGCOM will notify the provider of intermediary services that sanctioning proceedings have been initiated.

The complaint may be dismissed where it is deemed inadmissible due to a lack of essential information or appropriate grounds.