implementing Article 11 of the Enforcement Directive in the following terms: (1) amending Article 156 of the Italian Copyright Law as follows: "who has reason to fear the violation of an economic right to which he is entitled by virtue of this law, or intends to prevent the continuation or repetition of the violation has already occurred both on the part of a direct infringer and an intermediary whose services are used for such a violation may take legal action to ensure that its legal right is established and the continuation of the infringement prohibited; uttering the injunction, the court may fix a sum due to any breach or non-observance subsequently recorded or for any delay in the execution of the measure" (2) amending Article 163(1) of the Italian Copyright Law as follows: "The holder of an economic right may...
Implementing the Data Protection Directive 95/46 into the “Personal Data Protection Code” or so-called “Privacy Code”. Instituting a “Personal Data Authority” (“Garante”) an administrative body responsible for: (Section 154 Data Protection Code) (a) verifying whether data processing operations are carried out in compliance with laws and regulations, (b) receiving reports and complaints, (c) prohibiting, also ex officio, unlawful or unfair data processing operations. The “Garante” can impose sanctions (Section 162 - 162).
Implementing almost verbatim the eCommerce Directive and including mere conduit (Article 14), caching (Article 15), and hosting (Article 16) exemptions for intermediaries, together with the exclusion of a general obligation to monitor (art. 17)
(1) including a new Article 68bis in the Italian Copyright law stating that "except as provided by the E-Commerce Directive regarding liability of intermediaries, acts of temporary reproduction devoid of economic significance that are transient or incidental and an integral and essential part of a technological process, whose sole purpose is to enable a transmission in a network between third parties by an intermediary, or a lawful use of a work or other materials, are exempted from the reproduction right." (2) The Legislative Deecree did not include a specific implementation of Article 8(3) of the InfoSoc Directive.
Providing that (1) the acts of temporary reproduction devoid of economic significance which are transient or incidental and an integral and essential part of a technological process and whose sole purpose is to enable a transmission in a network between third parties by an intermediary, are exempted from the reproduction right (Art. 68-bis); (2) who has reason to fear the violation of an economic right to which he is entitled by virtue of this law, or intends to prevent the continuation or repetition of the violation has already occurred both on the part of a direct infringer and an intermediary whose services are used for such a violation may take legal action to ensure that its legal right is established and the continuation of the infringement prohibited; uttering the injunction, the court may fix a sum due to any...
Autorita' per le Garanzie nelle Comunicazioni (AGCOM), Diritto d'Autore Italian Communication Authority, Copyright Nexa Center for Internet and Society, Observations on the Italian Communication Authority’s Regulatory Scheme Italian Only For a summary in English see CIS blog post Osservatorio Censura Censorship Observatory