INDUSTRIES, INTERMEDIARY SERVICES | AGCOM issues two regulations implementing the DSA

On 24 July 2024, the Italian Communications Authority (AGCOM) issued two regulations to implement Articles 21 and 22 of Regulation (EU) 2022/2065 (Digital Services Act – DSA), both entering into force on 15 September 2024. The first Regulation (attached to Resolution No. 282/24/CONS) sets out the procedure for the certification of settlement bodies for out-of-court disputes between providers of online platforms and service recipients, as well as for AGCOM’s supervisory and monitoring activities, in accordance with Article 21 of the DSA. Notably, Italian-based ADR bodies may request such certification by submitting a specific application to AGCOM, provided that they meet the requirements set by Article 21(3) of the DSA, including independence from providers of online platforms and service recipients, competence and capability of settling disputes in a swift, efficient and cost-effective manner. The second Regulation (attached to Resolution No. 283/24/CONS) defines the procedures for entities to obtain the three-year status of “trusted flaggers”, based on the criteria set forth by Article 22 of the DSA. Accordingly, Italian-based entities may apply to be awarded the status of “trusted flaggers” by AGCOM that will then report the names of the selected bodies for the EU Commission to publish such list in a public database.

Newsletter n. 99 – August/September 2024