Database

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ITALY

Reported in 2022, last reported in 2023

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Open environment for foreign investment
It is reported that there is no sector in which foreign investment is prohibited.
Coverage Horizontal

ITALY

Since March 2012, last amended in 2022
Since November 2021

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Decree-Law No. 21 of 15 March 2012 on Rules on Special Powers over Corporate Assets in the Defence and National Security Sectors, and on Activities of Strategic Importance in the Energy, Transport, and Communications Sectors (Decreto-Legge No. 21 del 15 marzo 2012, Norme in materia di poteri speciali sugli assetti societari nei settori della difesa e della sicurezza nazionale, nonché per le attività di rilevanza strategica nei settori dell'energia, dei trasporti e delle comunicazioni)


Law No. 199 of November 2021 (Decreto Legislativo 8 novembre 2021, No. 199)
In Italy, Law No. 21/2012 and subsequent implementing regulations such as Decree of the President of the Republic No. 86, Decree of the President of the Council No. 85 of March 2014, Decree of the President of the Council No. 108 of June 2014, establish the "Golden Power Rules" framework, providing a comprehensive foreign investment framework in Italy. In this context, the Italian government may impose concrete conditions on a transaction or exercise a veto, mainly based on national interests connected to strategic sectors, including:
- Critical infrastructure, whether physical or virtual, including energy, transport, water, health, communications, media, data processing or storage, aerospace, defence, electoral or financial infrastructure, and sensitive facilities, as well as land and real estate crucial for the use of such infrastructure;
- Critical technologies and dual-use items, including artificial intelligence, robotics, semiconductors, cybersecurity, aerospace, defence, energy storage, quantum and nuclear technologies, as well as nanotechnologies and biotechnologies;
- Supply of critical inputs, including energy or raw materials;
- Access to sensitive information, including personal data, or the ability to control such information, the freedom and pluralism of the media; and
- Telecommunication sector.
- Contracts or agreements with non-EU entities relating to the supply of 5G technology infrastructure, components and services.
Additionally, Law No. 199 of November 2021 introduces a governmental review of the transfer of high technological intensity assets, mainly focusing on cybersecurity assets. Italy has used the "Golden Power Rules" to block numerous investments in areas relevant for digital trade, most recently vetoing the acquisition of an Italian semiconductor company by a Chinese group.
Coverage Horizontal
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ITA: [{"meta_value":"EU"}]

ITALY

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
1.03%
Coverage rate of zero-tariffs on ICT goods (%)
77.67%
Coverage: ICT goods

ITALY

Since March 2004, last amended in February 2014
Since April 2016, last amended in December 2021

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)

Legislative Decree No. 50/2016 on Public Contracts (Decreto Legislativo 18 Aprile 2016, No. 50)
Art. 85 of the Utilities Directive (2014/25/EU) contains provisions allowing contracting public entities to reject foreign goods not covered by any EU international commitments from its tender procedures. In these cases, a tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries exceeds 50% of the total value of the products constituting the tender (Art. 85.2). Additionally, in cases of equivalent offers, the provisions provide for a preference for European tenders and tenders covered by EU's international obligations. In practice, this possibility has rarely been used.
In Italy, the Directive is transposed with Art. 137 (2) (16) of the Legislative Decree No. 50/2016 on Public Contracts.
Coverage Any product sold to a utility provider including software used in telecommunication network equipment

ITALY

Since April 2016, last amended in December 2021

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Legislative Decree No. 50/2016 on Public Contracts (Decreto Legislativo 18 Aprile 2016, No. 50)
According to Art. 49 of the Decree No. 50/2016 on Public Contracts, contracting authorities shall only apply equal treatment in public tenders to economic operators from third countries that are members of the EU, signatories to the WTO Government Procurement Agreement, or other agreements with which the European Union is bound.
In order to ensure the professional competence of economic operators, Art. 83 stipulates that tenderers, if they are Italian citizens or citizens of another Member State resident in Italy, must be enrolled in the register of the Chamber of Commerce, Industry, Handicrafts or Agriculture or with the competent professional orders. Nationals of the Member States not residing in Italy are required to prove their enrolment in one of the professional or trade registers by means of a sworn declaration or in accordance with the procedures in force in the Member State in which they are established or by certifying under their own responsibility that the certificate procedure has been issued by one of the professional or trade registers established in the country in which they are resident.
Coverage Horizontal

ITALY

Reported in 2018, last reported in 2023

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
It is reported that the lack of transparency is a challenge for public procurement procedures in Italy, especially for foreign bidders, including with respect to overly narrow definitions of tenders and implicit biases in favour of local vendors and state-owned enterprises. Different stakeholders report complaints regarding a lack of transparency in the access to and management of public procurement processes
Coverage Horizontal

IRELAND

Since June 2014
Since 2013

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU

S.I. No. 484 European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the S.I. No. 484 European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013.
Coverage Horizontal

IRELAND

N/A

Pillar Online sales and transactions  |  Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Ireland has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

IRELAND

Since 2000

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Ireland has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

IRELAND

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Ireland has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

IRELAND

Since March 2010, entry into force in May 2010, last amended in 2018
Since July 2009, as amended in March 2023

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Local content requirements (LCRs) on ICT goods for the commercial market
EU Directive on Audiovisual Media Services (AVMS)

Broadcasting Act 2009
The EU Directive on Audiovisual Media Services (AVMS) covers traditional broadcasting services as well as audiovisual media services provided on-demand, including via the Internet. Art. 13.1 provides for Member States to secure a minimum 30% share of European works in the catalogues as well as "ensuring prominence" of those works. "Prominence" involves promoting European works by facilitating access to such works using any appropriate means to ensure their prominence. The Directive has been implemented by Member States in different ways, ranging from very extensive and detailed measures to a mere reference to the general obligation to promote European works.
In Ireland, the EU Directive was transposed into domestic law through the amendment of the Broadcasting Act of March 2023 (Online Safety and Media Regulation Act 2022). According to Section 159B of the Act, a media service provider under the jurisdiction of the State must not offer an audiovisual on-demand media service if the share of European works in its catalogue is less than 30%. Ireland has not implemented financial contribution obligations to VOD service providers.
Coverage On-demand audiovisual service

IRELAND

Since April 2007

Pillar Online sales and transactions  |  Indicator Restrictions on domain names
Communications Regulation (Amendment) Act 2007
The Communications Regulation (Amendment) Act 2007 empowers the Commission for Communications Regulation to set rules on application procedures for domain names. Currently, these rules require individuals and companies to prove a valid "connection to Ireland" to register an official ".ie" domain. This connection can be proved with an RBN/CRO number, VAT number, tax clearance certificate from Ireland's Revenue Commissioners, Irish passport, Irish/UK driver's licence showing an address in the island of Ireland, Irish/Northern Irish bank statement showing an address in the island of Ireland, College ID or Public Services Card. Evidence that the company will be relocating to Ireland in the near future is also accepted.
Coverage Horizontal

IRELAND

Since July 2000
Since 2003

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)

Statutory Instrument No. 68
The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbour. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level.
Statutory Instrument No.68 implements Directive 2000/31/EC (E-Commerce Directive), establishing a conditional safe harbour for Internet Service Providers (ISPs) in Ireland. The conditions prohibit any infringements of third-party rights, including rights relating to copyright or intellectual property, rights to which the law of defamation and malicious falsehood relate and rights under contract (Art. 15). The safe harbour is further delimited to certain activities - conduit, batching and hosting (Arts. 16–18) - carried out by internet intermediaries, rather than categories of service providers.
Coverage Internet intermediaries

IRELAND

Since July 2000
Since 2003

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (E-Commerce Directive)

Statutory Instrument No. 68
The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbour. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level.
Statutory Instrument No.68 implements Directive 2000/31/EC (E-Commerce Directive), establishing a conditional safe harbour for Internet Service Providers (ISPs) in Ireland. The conditions prohibit any infringements of third-party rights, including rights relating to copyright or intellectual property, rights to which the law of defamation and malicious falsehood relate and rights under contract (Art. 15). The safe harbour is further delimited to certain activities - conduit, batching and hosting (Arts. 16–18) - carried out by internet intermediaries, rather than categories of service providers.
Coverage Internet intermediaries

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