INFORMATION TECHNOLOGY
Law-Decree no. 123/2023 (so-called Caivano Decree): measures on parental control.
Article 13 of Decree-Law No. 123 of 15 September 2023 provides for an obligation for providers of electronic communication services to ensure the availability of parental control applications as part of contracts for the provision of such services. When fully implemented, there is also an obligation for manufacturers of mobile telephony (and similar) devices to ensure the installation of such applications by default in new devices placed on the market.
Information burdens are placed on device manufacturers, who are required to inform users about the possibility and importance of installing such applications, which must be free of charge.
Summarising the relevant measures, it is provided:
- the need for parental control applications (which must in any case be incorporated into operating systems within a year);
- information obligations for those selling devices (to be rendered also using visual techniques) that highlight the existence of parental control applications;
- free of charge for the activation of such applications;
- the prohibition to use personal data collected by such applications for commercial and profiling purposes;
- information obligations on the part of all providers of electronic communication services (within 30 days of the decree coming into force).
Information burdens are placed on device manufacturers, who are required to inform users about the possibility and importance of installing such applications, which must be free of charge.
Summarising the relevant measures, it is provided:
- the need for parental control applications (which must in any case be incorporated into operating systems within a year);
- information obligations for those selling devices (to be rendered also using visual techniques) that highlight the existence of parental control applications;
- free of charge for the activation of such applications;
- the prohibition to use personal data collected by such applications for commercial and profiling purposes;
- information obligations on the part of all providers of electronic communication services (within 30 days of the decree coming into force).