Article 1, paragraph 515 of Law No. 178 of 30 December 2020 entrusted the Italian Communications Authority, AGCOM (Autorità per le Garanzie nelle Comunicazioni), with responsibilities in the area of platform-to-business (P2B) relations, assigning the authority the task of ensuring the “adequate and effective application” of Regulation (EU) No. 2019/1150 (the P2B Regulation). In this regard, since 2021, AGCOM has undertaken monitoring activities in its capacity as the national enforcer of the Regulation. As part of these efforts, the authority has engaged surveillance activities with providers of online intermediation services and online search engines offering services to Italian business users, including by sending structured questionnaires. The results of these monitoring activities have been published annually in dedicated reports. AGCOM also adopted guidelines to ensure effective application of the regulation. The exercise of enforcement powers pertains to verifying the proper and effective application of the P2B Regulation by providers offering services in Italy to Italian business users, irrespective of the providers’ place of establishment. In this context, AGCOM has also addressed cases involving alleged violations of the P2B Regulation by non-domestic platforms.

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Key Rights for Business Users Under the P2B Regulation: The Best Practices Identified by AGCOM

  • Concetta Paolino

摘要

Article 1, paragraph 515 of Law No. 178 of 30 December 2020 entrusted the Italian Communications Authority, AGCOM (Autorità per le Garanzie nelle Comunicazioni), with responsibilities in the area of platform-to-business (P2B) relations, assigning the authority the task of ensuring the “adequate and effective application” of Regulation (EU) No. 2019/1150 (the P2B Regulation). In this regard, since 2021, AGCOM has undertaken monitoring activities in its capacity as the national enforcer of the Regulation. As part of these efforts, the authority has engaged surveillance activities with providers of online intermediation services and online search engines offering services to Italian business users, including by sending structured questionnaires. The results of these monitoring activities have been published annually in dedicated reports. AGCOM also adopted guidelines to ensure effective application of the regulation. The exercise of enforcement powers pertains to verifying the proper and effective application of the P2B Regulation by providers offering services in Italy to Italian business users, irrespective of the providers’ place of establishment. In this context, AGCOM has also addressed cases involving alleged violations of the P2B Regulation by non-domestic platforms.