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Copyright Giulio Coraggio 2018

 

Internet of Things technologies require the communication between devices on telecom networks that vary depending on the type of service provided.  Such communications in some cases lead to telecom law issues in relation to the possibility to use the relevant telecom network and obligations triggered by such usage.  These are among the issues that the Italian telecom authority, AGCOM and the UK telecom authority, OFCOM, will be discussing during the current consultation on the Internet of Things.

The Internet of Things (IoT) will enable devices to communicate and share data with one another and data to be combined and used across multiple applications.  However, such applications also raise relevant legal issues.  The Italian Telecom Authority (AGCOM) has for this purpose just launched a consultation on the Internet of Things in order to understand how to better foster this market whose value will reach $ 7.1 trillion in sales by 2020.  

Outsourcing agreements are always a new adventure and trying to find the best contractual arrangement is not easy.  And this task is even harder in outsourcing agreements where the supplier provides a large part of the services and licenses necessary to run the business usually on the basis of a profit sharing arrangement.  This situation might lead to relevant tax related risks because of the willingness of the supplier to control the business.

Data protection issues for Google in Italy are not over.  The Italian Data Protection Authority (DPA) has now challenged their privacy information notice requiring - among others - an express consent from users to their profiling for marketing purposes leading to issues that might impact any business based on the processing of BIG DATA such as the Internet of Things and in general on behavioural advertising.

The Internet liability regime for hosting providers have been subject of different interpretations by courts in Italy and a new interesting position came up with the decision of the Court of Turin (Italy) involving YouTube and Google which overturned its initial decision of a few months ago introducing new principles of Internet liability for online operators.

Bitcoin and its potential usage as part of money laundering crimes as well as of crimes associated with terrorism has been the subject of concerns raised by the UIF, the harm of the Bank of Italy dedicated, among others, to receive anti-money laundering reports of suspicious transactions.  But the reaction from other Governments and e-commerce operators are different.