Laura Borelli

Top 3 Legal Predictions on Media for 2020

By Alessandro Ferrari and Laura Borelli As we approach 2020, changes in the media landscape are accelerating at an unrelenting pace. The way consumers access their entertainment has come a long way from the traditional linear television and evolution is not taking any break. Factors such as AI and new technologies, as well as the expanding internet connectivity and broadband infrastructure will be playing a major role in the definition of the media sector in the upcoming year.

Legality Rating: New Webrating Platform online!

On October 21, 2019 the Italian Antitrust Authority (Autorità Garante della Concorrenza e del Mercato, hereinafter “AGCM“) has announced the launch of the WebRating platform, a new tool dedicated to companies for the compilation and the delivery of applications and communications relating to the legality rating system.

The legality rating is a summary indicator of the level of compliance of a company with high standards of legality, which is able to reveal the level of attention paid by the company to the proper management of its business.

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New programming and investment obligations for VOD and linear audio-visual media service providers!

On 25 January 2019, the Italian Communications Authority (Autorità per le Garanzie nelle Comunicazioni, hereinafter “AGCOM“) published the Resolution 595/18/CONS setting out the new Regulation on programming and investment obligations in favour of European works and works by independent producers (as amended by AGCOM Resolution 24/19/CONS) (hereinafter, “New Regulation“).

The New Regulation – which replaces the previous resolutions concerning the programming and investment quotas, including Resolution 66/09/CONS – was adopted on the basis of the Legislative Decree no. 204/2017, which amended the Consolidated Act on audio-visual media services and empowered AGCOM to set detailed rules applicable to linear and non-linear audio-visual media services providers, as well as to pay-per-view media services providers.

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Top 3 predictions for Media in 2019!

2018 has been a crucial year for the audio-visual media sector since it saw the revision of EU Audiovisual Media Services Directive (AVMSD) which has finally put traditional broadcasters and their video-on-demand competitors on the same playing field in terms of the regulatory environment. Still, the ongoing transformation of the media landscape shows no sign of backing off, thanks also to the mushrooming partnerships raising among Over The Top video providers and traditional mobile network operators  and the adoption of technologies such as augmented reality and artificial. So, what’s next with media?

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Influencers: from the spotlight to the eye of the storm!

Influencers and brands have no way out: advertising shall be clearly recognizable as such and this true also with regard to any communication addressed to the netizens. Following FTC and ASA’s guidelines, this topic has been also into the Italian Authorities’ sights lately and several actions have been taken to regulate the phenomenon of influencer marketing.

New deal for consumers #2: online platforms should be transparent!

As mentioned in our previous post, the European Commission has recently launched the “New Deal for Consumers”, a new package of initiatives aimed at strengthening consumer rights and harmonizing consumers laws across the European Union. This article is just the first piece of a puzzle of posts that we will publish on the main innovations that the new consumers package will introduce. Our analysis will start from the proposal for a directive on better enforcement and modernization of EU consumer protection (“Proposal 1”).

New guidelines for EU Financial Institutions moving to Cloud Computing

Prompted by the increasing interest for the use of cloud outsourcing solutions within the banking industry, the European Banking Authority (“EBA“) has recently issued the final recommendations on the use of cloud service providers by financial institutions (“Recommendations“), which will be applicable as of 1 July 2018.