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With a landmark decision published on 12 July 2019, the Court of Rome found Dailymotion SA (Dailymotion) liable for copyright infringement against Reti Televisive Italiane S.p.A. (RTI) and condemned it to pay EUR 5.5 million in compensation for damages. The judges also ordered Dailymotion to (i) remove from its services all RTI’s audiovisual content examined during the proceedings; (ii) abstain from further exploiting for commercial purposes the same audiovisual content; (iii) pay EUR 5 000 for any future infringements; and (iv) pay the legal fees and expenses. In addition, RTI has been authorised...

On 18 April 2019, through Resolution No. 132/19/CONS, the Italian Communications Authority (AGCOM) issued guidelines (Guidelines) to implement the provisions of Article 9 of the so-called Dignity Decree (“Decreto Dignità”, Decree Law No. 87/2018). The Guidelines aim at achieving a high degree of consumer protection, with particular emphasis on “vulnerable” categories (gambling addicts, minors and seniors) by ensuring the transparency of conditions and services offered in order to promote an educated gaming choice. Consumer protection is also ensured by using the recognisable logos of the Customs...

On 18 April 2019, the Italian Data Protection Authority (Garante per la protezione dei dati personali, Garante) issued the Resolution on Electoral Propaganda and Political Communication. The Resolution, in view of the imminent 2019 European elections, provides rules that data controllers (including political parties, organizations, promoters’ and supporters’ committees as well as candidates) shall follow when processing personal data for electoral propaganda or political communication purposes. Firstly, the Resolution clarifies the point at which data controllers must obtain data subjects’ consent...

On 6 March 2019, the Italian Communication Authority (AGCOM) adopted resolution no. 74/19/CONS, by which, in accordance with Law no. 220/2016 (so-called Franceschini Law), it established the criteria to categorize audiovisual works delivered via the Internet and video-games in order to protect minors from inappropriate content. The notion of audiovisual content delivered via the Internet includes all the works that are primarily distributed via electronic communication services and networks. Video-games are defined as interactive multimedia works having recreational nature that users can enjoy...

On 19 March 2019, the Italian Supreme Court of Cassation issued its judgment in the appeal filed by RTI (Reti Televisive Italiane S.p.A., one of the main Italian broadcasters) against the landmark Milan Court of Appeals’ decision issued in January 2015 in the RTI v. Yahoo! case. The case arose in 2009 when RTI filed a suit against Yahoo!, provider of the Yahoo! Video service, to have the latter condemned for copyright infringement against RTI, based on the fact that several of RTI’s videos were hosted on the Yahoo! Video platform, uploaded by users without RTI’s consent. The first instance Court...