AGCOM Guidelines for the drafting of terms and conditions for providers of online intermediation services and search engines

As known, as of 12 July 2020, the provisions of EU Regulation 2019/1150 ("P2B Regulation") apply to the content of the terms and conditions of online intermediary service providers and search engines respectively with respect to business users (1) and corporate website users (2).

The P2B Regulation states that the terms and conditions of the providers above shall contain, among others, provisions on the ranking of goods and services offered on the web, on any differential treatment applied to them, as well as on out-of-court dispute resolution mechanisms (3).

On 30 November 2022, AGCOM published the "Guidelines for the adequate and effective application of Regulation (EU) 2019/1150" ("Guidelines") with the aim of providing detailed indications for the drafting of terms and conditions, by the providers of the above-mentioned services, in line with the provisions of the P2B Regulation.

AGCOM has also set up the "Technical Table for the adequate and effective application of Regulation (EU) 2019/1150" to identify solutions regarding any critical application issues of the P2B Regulation, as well as to monitor the actual implementation of the P2B Regulation.

In light of the above, it is necessary for online intermediation service providers and search engines that provide their services to, respectively, business users and corporate website users, to review their business terms and conditions on the basis of the Guidelines.

Our Firm is available to support you in these review activities and to provide in-depth information on the suggestions issued by AGCOM in the Guidelines.

(1) In other terms, any private individual acting in a commercial or professional capacity who, or any legal person which, through online intermediation services offers goods or services to consumers.
(2) In other terms, any natural or legal person which uses an online interface, meaning any software, including a website or a part thereof and applications, including mobile applications, to offer goods or services to consumers.
(3) Regarding the provisions of the P2B Regulations, please refer to https://www.twobirds.com/-/media/pdfs/italy/vademecum-for-online-intermediation-services-providers-with-reference-to-business-users.pdf