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Mature, fully-operational omnibus regime with an active, well-resourced supervisory authority and dense enforcement caseload.
Sub-modules (5)
Regulator And AuthorityGreen
The Garante is Italy's independent DPA, based only in Rome, designated GDPR Art.51 supervisory authority.
Claims (1):
- The Garante per la protezione dei dati personali is Italy's independent administrative authority, established by Law No. 675/1996 and subsequently regulated by the Codice Privacy, designated as GDPR Art.51 supervisory authority and based only in Rome.
Act And InstrumentsGreen
GDPR applies directly; Codice Privacy (D.Lgs.196/2003) as amended by D.Lgs.101/2018 is the national implementing/adapting act.
Claims (1):
- GDPR (Regulation (EU) 2016/679) applies directly in Italy and is implemented/adapted via the Codice Privacy (D.Lgs. 196/2003) as amended by D.Lgs. 101/2018.
Material ScopeGreen
Material scope follows GDPR directly as an EU Regulation; Codice provisions (e.g. 2-septies, 2-decies) supplement special-category and remedies rules.
Claims (1):
- Garante decisions consistently apply GDPR material-scope concepts (Art.4(2) processing, including dissemination) requiring a lawful basis for any processing operation under Italian law.
Territorial ScopeGreen
GDPR Art.3 territorial scope applies uniformly in Italy as directly-applicable EU law; non-EU providers (e.g. Character Technologies/US) have been pursued by the Garante including EU-representative designation failures.
Claims (1):
- The Garante exercised jurisdiction over Character Technologies Inc. (a US company operating Character.AI), citing among other violations a delayed designation of its EU representative, confirming extraterritorial application of GDPR to non-EU controllers targeting Italian users.
Regulator Registration And FilingAmber
No general controller registration regime; residual duty to notify the Garante of DPO data changes, breach of which has been separately sanctioned.
Claims (1):
- A public-sector controller (Comune di Mirabella Imbaccari) was sanctioned in part for failing to communicate a change of its DPO's data to the Garante, evidencing a binding filing obligation regarding DPO contact information.
Sources and claims (5)
- ConfirmedGarante Privacy — The Garante per la protezione dei dati personali is Italy's independent administrative authority, established by Law No. 675/1996 and subsequently regulated by the Codice Privacy, designated as GDPR Art.51 supervisory authority and based only in Rome.observed
- ConfirmedGarante Privacy — GDPR (Regulation (EU) 2016/679) applies directly in Italy and is implemented/adapted via the Codice Privacy (D.Lgs. 196/2003) as amended by D.Lgs. 101/2018.observed
- ConfirmedGarante Privacy — Garante decisions consistently apply GDPR material-scope concepts (Art.4(2) processing, including dissemination) requiring a lawful basis for any processing operation under Italian law.observed
- ConfirmedGarante Privacy — The Garante exercised jurisdiction over Character Technologies Inc. (a US company operating Character.AI), citing among other violations a delayed designation of its EU representative, confirming extraterritorial application of GDPR to non-EU controllers targeting Italian users.observed
- ConfirmedGarante Privacy — A public-sector controller (Comune di Mirabella Imbaccari) was sanctioned in part for failing to communicate a change of its DPO's data to the Garante, evidencing a binding filing obligation regarding DPO contact information.observed