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ARTICLE · 19 JUNE 2023

AGCOM Issues Guidelines And Regulation For Complaint And Redress Mechanism

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On May 26, 2023, AGCOM published Resolution No. 115/23/CONS implementing Article 102-decies of Law No. 633/1941 ("Italian Copyright Law"), which, in turn, transposed Article 17(9) of Directive...

European UnionIntellectual Property

Thanks to Angelo Aimar for collaborating on this article

On May 26, 2023, AGCOM published Resolution No. 115/23/CONS implementing Article 102-decies of Law No. 633/1941 ("Italian Copyright Law"), which, in turn, transposed Article 17(9) of Directive (EU) 2019/790 ("DSMCD"). The approval of Resolution No. 115/23/CONS closes the public consultation process opened by AGCOM with Resolution No. 276/22/CONS in July 2022, and represents another step toward full transposition of the DSMCD into Italian law.

Attached to the resolution are Annex A, which contains guidelines for the complaint and redress mechanism that an online content sharing service provider ("OCSSP") must implement (the "Guidelines"), and Annex B, which contains AGCOM's regulation for settlement of disputes between OCSSPs and users (the "Regulation"), both addressed briefly below.

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