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With the adoption of Law n. 93 of 14 July 2023, in force since 8 August 2023, the Italian Communications Regulatory Authority (AGCOM) has been provided with new and relevant powers for copyright protection on electronic communications networks (see IRIS 2021-8:1/28, 2020-7:1/26, 2019-2:1/17. 2017-10:1/25, 2017-5:1/ 26). In particular, pursuant to article 2 of this Law, AGCOM is now entitled to order service providers, including network access providers, to prevent access to illegally disseminated contents within 30 minutes by blocking DNS resolution of domain names and blocking the routing of...

On 21 July, AGCOM launched with resolution no. 178/23/CNS a public consultation on the measures to be adopted to ensure influencers' compliance with the Consolidated Law on audiovisual media services. AGCOM's goal of extending the scope of the legal and regulatory framework to these subjects stems from the observation that the activities carried out by influencers are comparable to the provision of audiovisual media services. The activities involved are those carried out by subjects denominated in current language with the term of "influencer", but also "vlogger",...

The Italian Communications Authority (AGCOM) has once again sanctioned the company META PLATFORMS IRELAND LIMITED (see IRIS 2023-3:1/14) for failing to provide requested information. The story originates from a previous case, which resulted in a fine of EUR 750 000 and highlighted a clear need to recover information relating to users of Meta's Facebook content sharing platform. Some users of this platform used Meta's advertising services to promote online gaming sites with cash prizes. In 2018, Italian legislation introduced an absolute ban on any advertising, direct or indirect,...

The Italian Communications Authority (AGCOM), following a public consultation (see IRIS 2022-9:1/12), unanimously adopted on 18 May 2023 Resolution no. 115/23/CONS implementing article 102-decies of the Italian law on copyright (law n. 633/1941). This is the second measure adopted by AGCOM in implementation of EU Directive/2019/790 (Copyright Directive), following the approval of the Regulation on fair compensation referred to in Resolution no. 3/23/CONS (see IRIS 2023-4:1/4). The Guidelines contained in Annex A of the second Resolution identify both general principles and criteria with which...

Through Resolution No. 51 of 23 February 2023, the Italian Data Protection Authority (Garante per la Protezione dei Dati Personali – the Garante) adopted its first ever decision on deceptive design patterns, also known as “dark patterns” (the Decision). Deceptive design patterns are defined by the European Data Protection Board in its Guidelines 03/2022 (the Guidelines), adopted on 14 February 2023, as “interfaces and user journeys implemented on social media platforms that attempt to influence users into making unintended, unwilling and potentially harmful decisions,...