Key online safety measures and status
 

Key online safety measures

Status

Additional commentary regarding status

Italian Legislative Decree No. 208 of 8 November 2021 (Implementing Law) >

Law

Implementing Directive (EU) 2018/1808.

Italian Decree No. 123 of 15 September 2023 later converted into law through Law No. 159 of 13 November 2023 (Law on Protection of Minors) >

Law

Containing measures to promote the safety of minors in the digital environment.

Italian Communications Regulatory Authority (AGCOM) Regulations >

Regulatory guidelines

AGCOM has issued various regulations over time to implement the relevant laws and clarify the practical application. Among these, Resolution No. 9/23/CONS sets out specific obligations for Internet access service providers regarding parental control systems. Similarly, Resolution No. 96/25/CONS addresses the adoption of measures to verify users’ age for accessing adult and restrict access.


  Key concepts

   Scope of online safety measure(s)

  • The legislative measures apply to a broad range of online service providers, including social media, online games, apps and websites.

   Online harms addressed

 

  • Italian legislation and regulatory measures focus on the protection of minors, preventing their access to inappropriate content, and on protecting the general public from programs, user-generated videos, and audiovisual commercial communications that incite violence or hatred.

   Territorial scope

  • The Implementing Law applies to online providers operating in Italy. However, the Law on Protection of Minors protects end-users from services intended for the Italian public, regardless of whether the online service provider is established in Italy.


   Penalties and enforcement

  • Wide enforcement powers, including financial penalties of up to a certain percentage of annual turnover.



  Key takeaways
 

Broad application to many online service providers

Wide extra-territorial application of the Italian legislation when protecting minors


Key contacts

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TMT disputes Technology, media and entertainment, and telecommunications Technology, Media and Telecoms Pietro Pouché Giulia Maienza