Published
12 Marzo 2018

Amendments to the regulation of unsolicited phone calls

Following the entry into force of (on 4 February 2018) of Law no. 5 of 11 January 2018 (the “Law”), a number of new provisions apply to the regulation of unsolicited phone calls (i.e. telemarketing). In particular, the Law provides that each data subject has the right to oppose the processing of his phone numbers (both mobile and fixed-line) for marketing, statistical and market survey purposes, by way of a single opt-out procedure at the “Public Objections Register” (“Registro Pubblico delle Opposizioni”). Inclusion in that Register now implies the revocation of any and all consents previously granted for said purposes by the relevant data subject, without prejudice to consents granted in connection with certain supply contracts (i.e. those still in force at the time of opt-out or terminated less than 30 days previously. The Law also imposes joint liability for breach on controllers and processors for any breach committed by the processor. As a result, all telemarketing operators will be subject to additional compliance burdens, as they will now be required to regularly monitor the Register in order to update their marketing contact lists.

Releated Post

Council discussion paper on new Directive on Copyright in the DSM issued

On 16 January 2018, the EU Council consulted the Permanent Representatives’ Committee (“Coreper”) in relation to the Proposal for a Directive on Copyright in the Digital Single Market (“Proposal Directive”). The two key enquiries addressed to Coreper regarded (a) press publishers’ rights (Article 11 of the Proposal Directive); and (b) monitoring obligations for Internet/digital service providers (“DSPs”) that allow users to upload content on their platforms (Article 13 of the Proposal Directive). Following Coreper’s suggestions, on 6 February 2018 the EU Council issued a Discussion Paper stating its current position on the matter. In relation to Article 13, the main focus revolves around defining which DSPs fall within the scope of the provision and when such DSPs are communicating works to the public. According to the EU Council’s latest suggestion, a DSP is communicating works to the public “when it plays an indispensable role and intervenes in full knowledge of the consequences of its actions to give the public access to copyright protected works or other protected subject matter uploaded by their users”. If such a definition were to be accepted in the final version of the Proposal Directive, DSPs meeting those conditions would not be able to trigger the so-called safe harbour protection envisioned under Article 14 of the E-Commerce Directive 2000/31/EC.

Council discussion paper on new Directive on Copyright in the DSM issued

On 16 January 2018, the EU Council consulted the Permanent Representatives’ Committee (“Coreper”) in relation to the Proposal for a Directive on Copyright in the Digital Single Market (“Proposal Directive”). The two key enquiries addressed to Coreper regarded (a) press publishers’ rights (Article 11 of the Proposal Directive); and (b) monitoring obligations for Internet/digital service providers (“DSPs”) that allow users to upload content on their platforms (Article 13 of the Proposal Directive). Following Coreper’s suggestions, on 6 February 2018 the EU Council issued a Discussion Paper stating its current position on the matter. In relation to Article 13, the main focus revolves around defining which DSPs fall within the scope of the provision and when such DSPs are communicating works to the public. According to the EU Council’s latest suggestion, a DSP is communicating works to the public “when it plays an indispensable role and intervenes in full knowledge of the consequences of its actions to give the public access to copyright protected works or other protected subject matter uploaded by their users”. If such a definition were to be accepted in the final version of the Proposal Directive, DSPs meeting those conditions would not be able to trigger the so-called safe harbour protection envisioned under Article 14 of the E-Commerce Directive 2000/31/EC.