The Communications Regulatory Authority (AGCOM) has approved the first resolution recognising the qualification of reliable signaler (cd trusted flagger) pursuant to art. 22 of EU Regulation 2022/2065 (Digital Services Act).
The role of the trusted reporter plays a fundamental role in the application of the Digital Services Act, in particular for the purposes of activating the "reporting and action mechanism” pursuant to art. 16 of the Regulation, which provides for the reporting to online platforms of illegal content present on them, with the aim of requesting appropriate management of the same.
With a resolution dated 22 January 2025, the qualification of reliable reporter was recognized, for the first time in Italy, to an Italian company specialized in services and solutions in the field of digital security, in the context of the fight against intellectual property rights violations, as well as the Fight against online fraud.
The requirements to obtain the recognition of "reliable reporter" are the following: a) have skills and competences particulars for the purposes of identifying, identifying and notifying illegal content; b) be independent from any online platform provider; c) carry out its activities in order to submit reports in a manner diligent, accurate and objective.
Trusted reporters must publish and transmit to AGCOM a annual report easily understandable and detailed on the reports submitted, including an explanation of the procedures implemented to ensure the maintenance of their independence.
Content by the Lawyer. Silvia Mondini and of the lawyer. Francesca Milani
