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Copyright Giulio Coraggio 2018

 

The Italian Criminal Court of Cassation issued a very interesting decision on defamatory comments published in an online forum. To give you a bit of background information, Italian press law prescribes that directors of editorial products (e.g. a journal, magazines, newspapers) are objectively liable for any content published on them even if they had no knowledge of the illegal material. The definition of editorial products includes also online products such information websites. This provision has been subject to considerable complaints because in several instances courts and public prosecutors have tried to extend its applicability to Internet hosting providers and these attempts would be in contrast with Articles 14 and 15 E-Commerce Directive according to which hosting providers are not obliged to monitor the contents...

The Italian Data Protection Authority has ordered to 3 telecom providers to delete telecom and Internet traffic data that they were storing for a period longer than that prescribed by the Italian Privacy Code as well as other data (e.g. the subject of emails and the IP address of destination) that the provider was not authorized to process as such data were not necessary to comply with legal obligations and to perform the required service. Also, the Data Protection Authority challenged to one telecom provider the lack of implementation of the security measures prescribed by the Italian Privacy Code in the processing of personal data as well as the additional security measures to be implemented during the storage of traffic...

OUT-LAW.COM reports that the EU Commissioner for Justice, Fundamental Rights and Citizenship Viviane Reding is planning to introduce a European Contract Law to govern cross-border distance selling. According to Ms. Reding, such laws “would exist in parallel to the national contract laws and provide standard terms and conditions”. Also, she added “another possibility is to harmonise different contract laws that would give a high level of consumer protection"[…]"what's important is legal certainty. Businesses must know what the law is if they operate across the 27-nation EU".Big steps in the harmonisation of laws applicable in cross-border transactions have been already performed by the European Union during the last years. Taking as an example online contracts, which are a typical cross-border transaction,...

While EGR reports that the new EU’s internal market Commissioner, Michel Barnier, offered an hope for operators facing a battle against European gaming monopolies, the EU Advocate generals have issued two decisions that do not meet operators’ expectations of a big change in the EU approach towards the gaming sector.The opinions related:to the Swedish prohibition on promoting Internet gaming offered by operators that do not hold a Swedish gaming license: according to the Advocate General - who also mentioned the Bwin v Santa Casa case - such prohibitions were justified by the objective of fighting against fraud and criminality; andto the Austrian legislation which reserves the operation of games of chance in gaming establishments exclusively to limited companies which have their...

Online bingo was launched in Italy at the end of December 2009, attracting a considerable number of players who were finally able to play their favourite Christmas game, the "Tombola", through their computers. However, according to the administrative court of the Lazio region, online bingo operators have to take a break… The approval of the decrees regulating online bingo have been found not compliant with the formalities required by Italian law, the court has ruled. To be honest, however, bingo games in Italy had already been having a hard time. Indeed, the administrative court of Lazio region had identified the same procedural defects back in October 2009 in relation to the decrees introducing the so called ‘interconnected offline bingo,’ i.e. the...

During the last weeks I have been questioned by some gaming operators willing to enter into the Italian online gaming market on the possibilities of acquiring from Italian licensed operators either their gaming license or the entire company. The transfer of an Italian license is subject to the approval of the Italian gaming authority which will only check whether the buyer fulfills the requirements necessary to hold a license, while the transfer of the ownership of the entire company holding the gaming license requires a mere notification to the Italian gaming authority. The acquisition of a license or a licensed operator will ensure not only that the operator enters into the market already holding a well known trademark and some players,...

The decree setting out the technical and functional requirements of the videolottery machines has been finally published on the Official Gazette.As anticipated in the previous posts, videolotteries are expected to be the biggest innovation in the Italian gaming market in 2010. Indeed, the maximum wins of € 500,000 are likely to attract considerable players to the VLT casinos which has caused substantial complaints from 4 Italian “real” casinos and from the foreign casinos located close to Italian borders also because during the start-up phase the current licensees will be entitled in fact to install 56,697 videolotteries without any restriction on the location where VLT casinos will be located.This is a brand new market for gaming operators, including new entrants in the...

The European Commission has adopted a new set of standard contractual clauses for transfers of personal data from data controllers in the European Union to data processors located outside the European Union. Under European data protection laws, transfer of personal data to a third country that does not ensure (according to the European Commission) an adequate level of protection to the personal data (which for instance include the United States) cannot take place unless one of the exemptions prescribed by the Directice 95/46/EC applies. One of these exemptions is the implementation by the data controller of adequate safaguard to the processing of personal data through contractual clauses. Indeed, if the transfer of data outside the EU is regulated through the abovementioned standard contractual clause, the data exporter does not...

EGaming Review reports that, because of the upcoming liberalization of the French gaming market, FDJ has entered into an agreement with TF1, the largest French commercial Tv channel, under which FDJ will sponsor some TV shows on TF1 and will provide a dedicated gaming space on Tf1.fr. This deal made me think that such kind of agreements between gaming operators and companies active in other sectors have not been so common in Italy so far. This might sound unusual since Italy is for instance the country with the highest number of mobile phones per person and also the full transition to digital tv that will be completed by the end of this year. Such circumstance should encourage this kind of...