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On 13 July 2016, the Italian Data Protection Authority issued a decision ruling that the processing of users’ personal data by the Italian satellite pay-TV operator Sky Italia, aimed at providing targeted advertising to some of its subscribers (Adsmart project), is in line with the Italian Data Protection Code (legislative decree No. 196 of 30 June 2003). Targeted advertising is a new advertising technique that enables the broadcaster to replace the advertising spots included in the linear feed with different, targeted advertising spots that are stored in the user’s decoder box. Thus, broadcasters...

Over recent years, the widespread deployment of broadband access services from both fixed line and mobile network brought the development of a new set of services and advanced equipment. This increased users’ demand for Internet access and stimulated investments in network capacity, as well as the development of new services and apps. In this regard, and in line with the current debate at EU level (see IRIS 2015-10/4), on 28 June 2016 the Autorità per le garanzie nelle comunicazioni (Italian Communications Authority - AGCOM) published the findings of the survey concerning the development of digital...

On 27 July 2016 the Tribunal of Milan partially rejected the request for interim measures filed by Mediaset Premium S.p.A. (Mediaset), the pay-TV arm of the Mediaset group, against the TLC companies Telecom Italia S.p.a., Vodafone Omnitel n.v., Fastweb S.p.a., Tiscali Italia S.p.a., H3G Italia S.p.a. and Wind Telecomunicazioni S.p.a. (TLC Operators). The dispute arose from the illegal live streaming by the online portal Calcion, available at the domain name “calcion.at”, of several clips related to football games the exclusive rights of which were owned by Mediaset. In the past, Calcion’s previous...

The Autorità Garante per la protezione dei dati personali (Italian Data Protection Authority, “Garante”), through Resolution no. 29 of 27 January 2016, has stated that hen bloggers report news and comments in their blog, in absence of the data subjects’ consent, they do not commit any unlawful act as long as they respect the rights, fundamental freedoms and dignity of the person on which they write. In this resolution the Garante declared groundless the complaint of a well-known public figure who had asked a blogger to remove an article reporting certain information concerning her personal life...

In its decision filed on 27 April 2016, the Court of First Instance of Rome (Tribunale di Roma) states that even a non-detailed cease-and-desist letter (i.e., a letter without any indication of the URLs), subject to specific conditions, may be deemed sufficient to oblige the relevant hosting provider to remove the infringing content. RTI S.p.A. (“RTI”), a company which belongs to the Mediaset group, owner of the exploitation rights of several TV shows, requested to TMFT Enterprises LLC - Break Media (“Break Media”) which operates a well-known video-sharing platform, the removal of RTI’s content...