INFORMATION TECHNOLOGY
AGCOM designated national supervisory authority for the Digital Services Act.
Agcom has been appointed digital services coordinator. Italy has thus complied with a request made by Brussels, which envisages the presence in all member states of an authority responsible for enforcing the new digital regulations, starting with the Digital Services Act. The decree designating the authority was in the Official Journal.
"In order to ensure the effectiveness of the rights and the effectiveness of the obligations set out in Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a single market for digital services, as well as the supervision thereof and the achievement of the objectives set out therein, including with regard to the protection of minors in relation to pornographic content available online, as well as other illegal or otherwise prohibited content, conveyed by online platforms or other intermediary service providers, and contribute to the definition of a safe digital environment, the Communications Guarantee Authority is designated as Digital Services Coordinator, pursuant to Article 49(2) of Regulation (EU) 2022/2065," reads the measure published in the Gazette.
The Antirust Authority as well as the Italian Data Protection Authority and any other competent national Authority, within the scope of their respective competences, 'shall ensure any necessary cooperation for the purposes of the exercise by the Italian Communications Authority of the functions of Digital Services Coordinator. The Authorities may regulate by means of memoranda of understanding the applicative and procedural aspects of the reciprocal collaboration".
In the event of violation of the obligations provided for, the Authority shall apply, on the basis of principles of proportionality, adequacy and respect for the adversarial process, in accordance with the procedures established by its own regulation, "pecuniary administrative sanctions up to a maximum of 6% of the annual worldwide turnover in the financial year preceding the notification of the commencement of the proceedings to the provider of an intermediary service falling within its sphere of competence, also in its capacity as Digital Service Coordinator, pursuant to the national and European law applicable to the offence".
"In order to ensure the effectiveness of the rights and the effectiveness of the obligations set out in Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a single market for digital services, as well as the supervision thereof and the achievement of the objectives set out therein, including with regard to the protection of minors in relation to pornographic content available online, as well as other illegal or otherwise prohibited content, conveyed by online platforms or other intermediary service providers, and contribute to the definition of a safe digital environment, the Communications Guarantee Authority is designated as Digital Services Coordinator, pursuant to Article 49(2) of Regulation (EU) 2022/2065," reads the measure published in the Gazette.
The Antirust Authority as well as the Italian Data Protection Authority and any other competent national Authority, within the scope of their respective competences, 'shall ensure any necessary cooperation for the purposes of the exercise by the Italian Communications Authority of the functions of Digital Services Coordinator. The Authorities may regulate by means of memoranda of understanding the applicative and procedural aspects of the reciprocal collaboration".
In the event of violation of the obligations provided for, the Authority shall apply, on the basis of principles of proportionality, adequacy and respect for the adversarial process, in accordance with the procedures established by its own regulation, "pecuniary administrative sanctions up to a maximum of 6% of the annual worldwide turnover in the financial year preceding the notification of the commencement of the proceedings to the provider of an intermediary service falling within its sphere of competence, also in its capacity as Digital Service Coordinator, pursuant to the national and European law applicable to the offence".
