ITA/31
WTO/TBT
IT Italie
  • 33 - Télécommunications, Technique audio et vidéo
2018-01-25
2017-11-13

Internet access services; software and digital content. Communication terminal devices.

Draft law laying down measures concerning the provision of Internet services for the protection of competition and freedom of access for users (Senate Act No 2484) (8 page(s), in Italian)

The draft law is composed of six articles.

Article 1 contains the definitions used for the application of the law;

Article 2 establishes the qualification requirements for access services or connectivity to the Internet and specifications relating to the content of contractual documentation to be provided to users of these services.

Article 3 establishes, consistent with guidelines for the implementation of Article 3(5) of Regulation (EU) 2015/2120, rules concerning limits to traffic management; it governs the provision by network access service operators of value-added services to prioritise traffic classes in their own access network segment and the fixing of the prices for such services; the procedures to be adopted in the event of damage to the

integrity or security of the Internet network or to the service or terminal of other users caused by traffic from another end user of the same operator; it provides that the Italian Communications Authority establishes minimum levels of service quality, which must be respected and adequately publicised by providers of electronic communications services.

Article 4 governs the rights of users in terms of choice and selection of software available online and for uninstalling software and removing content from their devices that is not of interest to them; it prohibits operators of platforms from limiting or restricting those rights to the acquisition or use of specific software, content or services through contractual, technological, economic tools or user experience.

Article 5 stipulates rules on transparency, imposing the obligation on network or electronic communications service providers to publish on their own website in the price transparency section, within 30 days of the date of entry into force of the law, offers under the scope of application of Articles 2 and 3. Article 6 lays down rules governing penalties for cases violating the obligations imposed by the draft law.