The Communications Regulatory Authority (AGCM)with resolution 31/24/CONS of 6 February 2024, the telephone operator Iliad warned compliance with obligations regarding the pre-activation of parental control systems for SIMs reserved or registered to minors. In fact, on the date of notification of the provision, the expected Parental control service was not activated.
The art. 7-bis, of legislative decree no. 28/2020, converted with amendments by law no. 70/2020, establishes, in paragraph 1, that:
“[i] supply contracts in electronic communications services governed by the code referred to in legislative decree 1 August 2003, n. 259, must include among the pre-activated services parental control systems or filtering of inappropriate content for minors and blocking of content reserved for an audience over the age of eighteen”
and the following paragraph 4 provides that:
“[i]In the event of violation of the obligations referred to in this article, the Communications Regulatory Authority orders the operator to cease the conduct and return any sums unjustifiably charged to users, indicating in any case a deadline of no less than sixty days. within which to fulfil”.
With resolution no. 9/23/CONS, of 25 January 2023, the Authority approved the Guidelines for the implementation of the aforementioned art. 7-bis specifying that operators would have to adapt to the Guidelines within nine months of publication of the aforementioned provision on the Authority’s website, which took place on 21 February 2023, i.e. by 21 November 2023.
From the data communicated by Iliad, AGCOM believes that the operator should have implemented every reasonable technical and management process to comply with legislative and regulatory obligations aimed at guaranteeing the pre-activation of Parental control systems on all SIMs registered or reserved for minors. Iliad, in fact, had communicated to the Authority that it would require Iliad mobile network users under 18 to “go to an Iliad Store or an Iliad Space accompanied by your parent/legal guardian in order to allow the identification of the latter, acquire his contacts and be able to duly inform him of the possibility of activating the SCP”.
According to AGCOM, Iliad, given the failure to activate the Apps on almost all SIMs reserved or registered to minors, could have been put in place, at least to fulfill the burden of activation with respect to pre-existing contracts, effective measures to fulfill legal obligations. Hence, the decision of the warning.
The operator is now required to comply within 60 days of notification of the provision, to communicate the initiatives taken within 15 days of notification. Alternatively, you have the possibility to appeal the provision before the Regional Administrative Court of Lazio within 60 days of notification.