LEGAL NEWS IN THE SPOTLIGHT | AGCOM directives on audience measurement in the digital ecosystem issued

On 25 March 2026, the Italian Communications Authority (AGCOM) adopted Resolution No. 87/26/CONS (the Resolution), setting out a regulatory framework for the measurement of audiences of content distributed originally and exclusively in the digital environment.

The Resolution follows an investigation started with Resolution No. 199/25/CONS, which highlighted a structural asymmetry between traditional broadcasters and digital platforms, as many of the latter still rely on proprietary or non-independently validated measurement tools. In this context, AGCOM confirmed the central role of Joint Industry Committees (JICs) as the most suitable governance model to ensure transparency, independence, representativeness and auditability of audience data.

In the operative part of the Resolution, AGCOM provides that audience measurement for digital content must be carried out by Audicom, as the competent JIC to this end. The Authority identifies the single Software Development Kit (SDK) model as the preferred benchmark for census-based measurement, recognising it as the most advanced standard in terms of data consistency and independence.

Nevertheless, AGCOM allows the use of Server-To-Server (S2S) solutions, provided that they are functionally equivalent to the technology used for the purpose of the single SDK model. In the light of the foregoing, the Resolution entrusts Audicom with the task of defining the minimum requirements necessary for achieving the aforementioned equivalence between the S2S and SDK-based systems, with the further objective of ensuring reliable and consistent digital audience metrics. To that end, AGCOM sets out the following set of Guidelines (a) the data collected through S2S shall be equivalent to those generated via the SDK, in particular with regard to the level of granularity ensured with respect to viewing events. This also includes equivalence in the underlying time base (temporal granularity) associated with viewing activities; (b) data minimisation and anonymisation must be applied, for the purpose of complying with privacy rules; (c) raw data directly collected by the measured entity, and the corresponding “SDK-equivalent” data flows as per the point sub. (a) above, must be stored by the same entity in accordance with relevant data security policies; (d) Audicom shall be granted full access to the system provided by the measured entity for the purpose of raw data collection, to ensure continuous control (in this regard, certain players have proposed the implementation of data clean room to ensure such access); (e) viewing event data shall be transmitted to Audicom for data processing and aggregation aimed at deriving the relevant audience metrics; (f) Audicom must appoint independent third parties to audit and certify the entire measurement process; (g) external census-based verification systems (e.g. audit pings) shall be implemented for the purpose of further validate data consistency; (h) in any case, the measured entity must implement appropriate technical and security measures in order to prevent data alteration or manipulation.

The Resolution further places significant emphasis on governance. In particular, AGCOM has established that Audicom must (a) appoint third parties entrusted with carrying out audit and control activities of its methodology; and (b) revise its corporate governance and statute in order to ensure adequate representation of newly measured digital players, in line with the requirement of maximum representativeness of the sector.

Newsletter n. 117 – April 2026