Giacomo Lusardi

Italy’s AI Strategy for 2024-2026: The Key Points

by Giacomo Lusardi and Alessandra Faranda The government’s vision of AI: a strategy and a bill In the past few days, an executive summary prepared by AgiD (Agenzia per l’Italia Digitale) and the Department for Digital Transformation was made available on the web. It summarizes the vision and architecture of Italy’s Artificial Intelligence Strategy for the …

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Navigating the Open Insurance landscape: A legal perspective for 2023

OPEN INSURANCE: A DEFINITION Open Insurance is a way for insurance companies and other players in the insurance sector to share personal and non-personal data, usually via standardized and interoperable APIs (Application Programming Interfaces) (EIOPA, 2021). They can then use that data to create new products and services and improve existing ones. Open Insurance data …

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Italy adopts new rules on digital platforms and abuse of economic dependence

The recent annual Italian law for the market and competition 2021 (Law No. 118/2022 – “2021 annual competition law”) has – among other things – supplemented Article 9 of Law 192/1998 with new provisions concerning the abuse of economic dependence by digital platforms. Among the novelties are a rebuttable presumption of economic dependence for digital …

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The logistics services contract is now expressly regulated in the Italian Civil Code: the new Section 1677-bis

by Giacomo Lusardi and Nicoletta Iurilli The Italian rules on service contracts (appalto) have recently been supplemented with Section 1677-bis of the Italian Civil Code, introduced by Section 1, paragraph 819, Law No. 234 of December 30, 2021, and then replaced by Section 37-bis, Decree Law No. 36 of April 30, 2022, converted with amendments …

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New Regulation on machinery products and the digital transition: Obligations for manufacturers, distributors, and importers

by Giacomo Lusardi and Arianna Angilletta On April 21, 2021, along with the proposal for a Regulation on Artificial Intelligence (AI) and as part of the broader “Artificial Intelligence Package,” the European Commission issued the proposal for a Regulation on machinery products that will replace the Machinery Directive (Directive 2006/42/EC) currently in force. In our …

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Liability in the digital and AI age: EU looks beyond the ‘AI act’

Following its April 2021 proposal for a European Artificial Intelligence Regulation, the Commission comes back to the topic of liability for damages in the digital age with a consultation open to the public until January 10, 2022. The purpose of the consultation Having launched the first part of the public consultation on October 18, 2021, …

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Il TAR Lombardia non ha sospeso l’E-commerce

by Giacomo Lusardi and Alessandro Ferrari In queste ore si legge su varie testate online, più o meno autorevoli, che il TAR della Lombardia avrebbe “bocciato” l’ordinanza della medesima regione dello scorso 11 aprile 2020, per aver esteso l’e-commerce anche ai beni che non rientrano tra quelli essenziali o strategici di cui all’Allegato 1 del …

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Outsourcing agreements and Artificial Intelligence: Hints and Tips Part 2

In one of our latest blog posts, we went through the first part of our hints and tips on outsourcing agreements and artificial intelligence, covering #1 Technological evolution and benchmarking clauses, #2 Liability and limitations, and #3 Know-how transfer, insourcing and supplier replacement.

Below is the second part on: #4 Intellectual Property,  #5 Data protection and #6 Cyber risk and Insurance.

Outsourcing agreements and Artificial Intelligence: Hints and Tips Part 1

The use of technologies based on AI systems has significant consequences in terms of outsourcing agreements, which must be duly taken into account by suppliers and customers at the negotiation stage and during their whole business relationship. Suppliers and customers should assess from a new perspective a number of key contractual clauses, from which the …

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FinTech: Who is responsible if AI makes mistakes when suggesting investments?

The recently reported legal action brought for damages due to wrong investments resulting from algorithms-based automated decision-making processes is one of the first known cases of this type. The case has received some attention from the media worldwide and has contributed to reopen the debate on the issue of liability connected to the use of Artificial Intelligence systems (“AI”). The question at issue is, in brief: who is held liable for the damages caused by AI and who shall compensate such damages, if any.

Video Gaming: new regulations on age rating systems in Italy

The Italian Communication Authority (AGCOM) recently adopted a regulation on the age rating of audiovisual works on the internet and videogames (the “Regulation”).The new rating system aims at ensuring the right balance between the protection of minors on the one hand, and the freedom of expression and art on the other hand. The Regulation was drafted in compliance with international standards and best practices, such as the most widespread rating systems, among which the PEGI (Pan European Game Information) that is accepted in most European countries.In this article we focus on the new videogame age rating system.