Italy: Adopted AGCOM Resolution 283/24/CONS on procedural guidelines for recognising trusted flaggers under the Digital Services Act

On 24 July 2024, the Italian Communications Regulatory Authority (AGCOM) adopted a Resolution on the procedural guidelines for recognising trusted flaggers under the Digital Services Act. The Act applies to digital services, specifically online platforms and intermediary services that facilitate the storage and dissemination of information and assigns trusted flaggers to identify and report illegal content to online platforms. The Regulation sets out the process for recognising the qualification of a trusted flagger and for supervising and monitoring such flaggers. The Regulation imposes several obligations on entities, including the requirement for certain bodies in Italy to apply for recognition as trusted flaggers if they wish to have priority in reporting illegal content. The Regulation mandates applicants to demonstrate their competence, independence, and diligence in identifying illegal content. The Regulation also requires recognised entities to submit annual reports detailing their activities, the type of content reported, and the actions taken by service providers. The qualification of a trusted flagger under the Regulation lasts for three years and can be renewed if the requirements are continually met.