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Copyright Giulio Coraggio 2018

 

The Court of Appeal of Milan (Italy) acquitted 3 managers of Google that had been sanctioned to 6 months of imprisonment because of a privacy breach related to a video showing an handicapped young guy posted by a user on Google Video. The Court of First Instance indeed had held in 2010 that the privacy of the guy showed in the video had been breached since no privacy information notice had been provided and privacy consent had been given by his parents to the processing of his personal data which included also sensitive data relating to his health conditions due to his handicaps.  Such decision had been very controversial and indeed it was unclear the role and the safeguards that Google...

Rules on cookies in Italy implementing the E-Cookies Directive in Italy requiring the prior consent from users to the installation of cookies on their PCs were meant to be followed by guidelines from the Italian Data Protection Authority (the "DPA") identifying the most efficient and practical ways to implement such obligation. For this purpose the DPA has now launched a consultation.

The UK gambling draft regulations that if enacted will require offshore operators to obtain a UK Gambling Commission licence in order to transact with, and advertise to, British customers have been published.As a result of being licensed in Great Britain, operators will be subject to all the conditions of the Gambling Act 2005 and its corresponding regulations and all the UK Gambling Commission's policies and requirements. Although dealt with separately, operators will also be liable to pay tax on gross gaming yield for all transactions with British customers, which in all likelihood will be 15%. The Government's reasoning for the reforms stems from consumer protection concerns; the fact that customers can transact with operators that are licensed in numerous offshore jurisdictions...

As expected, after a year of delay online slots have been finally launched on Italian licensed websites today. 53 licensed websites have started offering over 1,400 slot games making the array of games available on Italian licensed platforms much more attractive. Indeed, online slots represent between 70% and 80% of the turnover of online casino operators and their launch together with more stringent measures against the so called "totem" and non-licensed websites, are likely to lead to a considerable growth in the Italian online gaming market. Indeed, the major issue of Italian licensed platforms so far has been the competition from unlicensed sites since the size of the black market in the online casino sector was expected to be 70% of the actual market because of...

The Italian Data Protection Authority held that data protection obligations in case of performance of marketing, advertising and commercial activities still apply to data of companies and associations.The problem had arisen since in 2011 the Italian Government had removed from the definition of "personal data" and "data subjects" for the purposes of Italian data protection law the data of legal entities, companies and associations that therefore are not protected anymore by the safeguards provided by the Italian privacy code. However, the Legislative Decree 69/2012 had amended the provisions of the privacy code relating to the marketing and commercial communications making reference rather than to the definition of data subjects (which does not include anymore companies) to "contracting parties and users".In the light...

The success of the upcoming launch of online slots in Italy on the 3rd of December is likely to be driven also by the recent ban of any gaming terminal (the so called "totem") located in shops and in general public places. A peculiarity of the Italian online gaming market is due to tobacco shops and Internet café where terminals connected to the online platform of Italian or foreign licensed operators offer online games through a land-based channel of communication. This practice has been strongly challenged by both purely online operators who argued that such conduct was not covered by the remote gaming license, but also by land-based operators (and in particular videolottery operators) who challenged the unfair competition conduct...

Italian gaming advertising regulations previously approved by the Government have now been ratified by the Parliament with the implementation of some changes. Also, the Italian advertising self-regulatory body adopted gaming advertising self-regulatory rules.  The problem is the impact of these regulations and how they live together.