ItalyDecreto-legge 123/2023 (Decreto Caivano), Article 15, Digital Services Coordinator and Enforcement of the Digital Services Act
Decreto-legge 15 settembre 2023, n. 123, art. 15
In force since .
A transparency and process rule binding public and private bodies.
- Obligation class
- Disclosure, Licensing
As of .
What it requires
- Comply with the obligations in Articles 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 20, 21, 22, 23, 24, 26, 27, 28 and 30 of the Digital Services Act, and Article 45, which Article 1(32-bis) of Law 249/1997 lists: AGCOM applies administrative fines for a violation of them.
- Reply to AGCOM's requests for information with accurate, complete and non-misleading information, rectify information that proves wrong, and submit to its inspections.
- If you are a provider of intermediary services established in Italy, pay AGCOM the contribution of 0.135 per mille of the turnover shown in your last approved financial statements; AGCOM may vary the rate for later years by reasoned decision, up to 0.5 per mille.
If you get it wrong
Penalty structure
Article 1(32-bis) of Law 249/1997, inserted by Article 15(4)(b), sets AGCOM's administrative fine at up to 6 % of worldwide annual turnover in the financial year before the notice of the start of proceedings, and at up to 1 % of worldwide turnover for inaccurate, incomplete or misleading information, failure to reply or rectify it, or failure to submit to an inspection. The maximum daily periodic penalty payment is 5 % of average daily worldwide turnover. The reduced-payment benefit of Article 16 of Law 689/1981 is excluded.
- Rule
- Turnover pct only
- As of
- Turnover percentage cap
- 6
Who enforces it
Enforcement body
The Autorità per le garanzie nelle comunicazioni (AGCOM), which Article 15(1) designates as Digital Services Coordinator and which applies the fines under Article 1(32-bis) of Law 249/1997.
What this law does
Article 15(1) designates the Autorità per le garanzie nelle comunicazioni (AGCOM, the Communications Regulatory Authority) as Digital Services Coordinator under Article 49(2) of the Digital Services Act. Article 15(2) requires the Autorità garante della concorrenza e del mercato, the Garante per la protezione dei dati personali and every other competent national authority to give AGCOM every necessary cooperation within their respective competences.
Article 15(3) has AGCOM set by its own measure the conditions, procedures and operating methods for exercising its powers as Digital Services Coordinator. Article 15(4)(b) inserts paragraph 32-bis into Article 1 of Law 249/1997, under which AGCOM applies administrative fines for a violation of the obligations in Articles 9 to 18, 20 to 24, 26 to 28, 30 and 45 of the Digital Services Act.
The fine can reach 6 % of the provider's worldwide annual turnover in the financial year before AGCOM notifies the start of the proceedings. For inaccurate, incomplete or misleading information, a failure to reply or rectify it, or a failure to submit to an inspection, the fine can reach 1 % of the worldwide turnover of the previous financial year.
The maximum daily periodic penalty payment is 5 % of the provider's average daily worldwide turnover in the previous financial year, counted from the date specified in the decision. The reduced-payment benefit of Article 16 of Law 689/1981 is excluded for these fines. Article 15(5) meets the costs arising from the Article through a contribution of 0.135 per mille of the turnover shown in the last approved financial statements of providers of intermediary services established in Italy.
AGCOM may vary the rate and the payment methods for later years by a reasoned decision, up to a maximum of 0.5 per mille of turnover. The decree-law was converted with amendments by Law 159 of .
When LexLint raises it
When your app profile says your app operates a social platform.