ITALY
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the United Nations (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
Italy has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
ITALY
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Italy has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
ITALY
Since July 2000
Since April 2003
Since April 2003
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Legislative Decree 09/04/2003 No. 70 – Implementation of Directive 2000/31/EC on Certain Legal Aspects of Information Society Services in the Internal Market, with Particular Reference to Electronic Commerce (Decreto Legislativo 9 aprile 2003, n. 70 – Attuazione della Direttiva 2000/31/CE relativa a taluni aspetti giuridici dei servizi della società dell'informazione nel mercato interno, con particolare riferimento al commercio elettronico, GURI Serie Generale No. 87)
Legislative Decree 09/04/2003 No. 70 – Implementation of Directive 2000/31/EC on Certain Legal Aspects of Information Society Services in the Internal Market, with Particular Reference to Electronic Commerce (Decreto Legislativo 9 aprile 2003, n. 70 – Attuazione della Direttiva 2000/31/CE relativa a taluni aspetti giuridici dei servizi della società dell'informazione nel mercato interno, con particolare riferimento al commercio elettronico, GURI Serie Generale No. 87)
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.
Legislative Decree 09/04/2003 No. 70 transposes Directive 2000/31/EC in Italy.
Legislative Decree 09/04/2003 No. 70 transposes Directive 2000/31/EC in Italy.
Coverage Internet Services Providers
Sources
- https://web.archive.org/web/20231227125945/https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
- https://web.archive.org/web/20241107200827/https://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:legge:1941-04-22;633!vig=2016-06-25
- https://web.archive.org/web/20240415002502/https://wilmap.stanford.edu/entries/legislative-decree-n-70-implementing-directive-200031ec
- https://web.archive.org/web/20230324195642/https://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:decreto.legislativo:2003-04-09;70
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ITALY
Reported in 2021, last reported in 2023
Pillar Intermediary liability |
Sub-pillar User identity requirement
Mandatory SIM card registration
It is reported that Italy imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card or a passport in case of foreigners to activate a new prepaid SIM card.
Coverage Telecommunications sector
Sources
ITALY
Since April 2019
Since November 2021
Since November 2021
Pillar Intermediary liability |
Sub-pillar Monitoring requirement
Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC
Legislative Decree No. 177 – Implementation of Directive (EU) 2019/790 on Copyright and Related Rights in the Digital Single Market and Amending Directives 96/9/EC and 2001/29/EC (Decreto Legislativo n. 177 – Attuazione della Direttiva (UE) 2019/790 sul diritto d'autore e diritti connessi nel mercato unico digitale e modifica delle Direttive 96/9/CE e 2001/29/CE)
Legislative Decree No. 177 – Implementation of Directive (EU) 2019/790 on Copyright and Related Rights in the Digital Single Market and Amending Directives 96/9/EC and 2001/29/EC (Decreto Legislativo n. 177 – Attuazione della Direttiva (UE) 2019/790 sul diritto d'autore e diritti connessi nel mercato unico digitale e modifica delle Direttive 96/9/CE e 2001/29/CE)
Art. 17 of Directive 2019/790 on Copyright in the Digital Single Market (DSM Directive) mandates that providers of content-sharing services seek authorisation from rights holders and implement technical solutions to remove and prevent unauthorised uploads by their users (so-called upload filters), under penalty of losing their liability safe harbour. Further arrangements are envisaged for complaints and dispute resolution mechanisms. Such upload filters are reported to be a significant cost for online platforms. Graduated exemptions are expected to be put in place for new providers active in the EU for less than three years with a turnover under EUR 10 million, and with fewer than five million users. The provision is subject to a challenge in the Court of Justice by Poland (C-401/19).
To implement Directive 2019/790, the President has promulgated Legislative Decree No. 177, therefore making online content-sharing service providers partially liable for copyright violations on their platforms.
To implement Directive 2019/790, the President has promulgated Legislative Decree No. 177, therefore making online content-sharing service providers partially liable for copyright violations on their platforms.
Coverage Online content sharing service
Sources
- https://web.archive.org/web/20240503010947/https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1571326093909&uri=CELEX:32019L0790
- https://web.archive.org/web/20220320142252/https://www.gazzettaufficiale.it/atto/serie_generale/caricaDettaglioAtto/originario?atto.dataPubblicazioneGazzetta=2021-11-27&atto.codiceRedazionale=21G00192...
- https://web.archive.org/web/20220323002854/https://www.create.ac.uk/cdsm-implementation-resource-page/
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ITALY
Reported in 2023
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Ban on ChatGPT
It is reported that in late March 2023, the Italian data protection authority ordered a temporary ban on ChatGPT in Italy. This ban was implemented due to concerns about data privacy, age verification, accuracy of information, and transparency. The authority questioned how OpenAI was collecting and processing personal data and raised concerns about the lack of robust age verification measures to prevent minors from accessing the service. Additionally, there were worries about the potential spread of misinformation through the AI system and a lack of clarity about how OpenAI was using the data it collected.
The ban lasted for about three weeks. During this time, OpenAI worked with the Italian authorities to address these concerns. By late April 2023, ChatGPT was allowed to resume operations in Italy after OpenAI implemented several changes. These changes included providing more transparent information about data processing, introducing an age verification system, allowing users to object to their personal data being used for training the AI and giving European users the right to request corrections of inaccurate personal information.
The ban lasted for about three weeks. During this time, OpenAI worked with the Italian authorities to address these concerns. By late April 2023, ChatGPT was allowed to resume operations in Italy after OpenAI implemented several changes. These changes included providing more transparent information about data processing, introducing an age verification system, allowing users to object to their personal data being used for training the AI and giving European users the right to request corrections of inaccurate personal information.
Coverage ChatGPT
ITALY
Since March 2010, entry into force in May 2010, last amended in 2018
Since November 2021
Since November 2021
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Local content requirements (LCRs) on ICT goods for the commercial market
EU Directive on Audiovisual Media Services (AVMS)
Legislative Decree No. 208 of 8 November 2021: Implementation of Directive (EU) 2018/1808 of the European Parliament and of the Council of 14 November 2018 Amending Directive 2010/13/EU on the Coordination of Certain Provisions Laid Down by Law, Regulation or Administrative Action in Member States Concerning the Single Text for the Provision of Audiovisual Media Services, in View of Changing Market Realities. (Decreto Legislativo 8 Novembre 2021, No. 208 Attuazione della Direttiva (UE) 2018/1808 del Parlamento Europeo e del Consiglio, del 14 Novembre 2018, Recante Modifica della Direttiva 2010/13/UE, Relativa al Coordinamento di Determinate Disposizioni Legislative, Regolamentari e Amministrative degli Stati Membri, Concernente il Testo Unico per la Fornitura di Servizi di Media Audiovisivi in Considerazione dell'Evoluzione delle Realità del Mercato).
Legislative Decree No. 208 of 8 November 2021: Implementation of Directive (EU) 2018/1808 of the European Parliament and of the Council of 14 November 2018 Amending Directive 2010/13/EU on the Coordination of Certain Provisions Laid Down by Law, Regulation or Administrative Action in Member States Concerning the Single Text for the Provision of Audiovisual Media Services, in View of Changing Market Realities. (Decreto Legislativo 8 Novembre 2021, No. 208 Attuazione della Direttiva (UE) 2018/1808 del Parlamento Europeo e del Consiglio, del 14 Novembre 2018, Recante Modifica della Direttiva 2010/13/UE, Relativa al Coordinamento di Determinate Disposizioni Legislative, Regolamentari e Amministrative degli Stati Membri, Concernente il Testo Unico per la Fornitura di Servizi di Media Audiovisivi in Considerazione dell'Evoluzione delle Realità del Mercato).
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 Italy, the EU Directive was transposed into domestic law through Legislative Decree No. 208. According to Art. 55 of the Decree, catalogues of on-demand audiovisual media service providers under Italian jurisdiction must prominently feature at least 30% European works. Providers are required to ensure that, over the past five years, at least 30% of their catalogue consists of European audiovisual works, excluding those that charge a specific fee for individual programmes. Additionally, at least 50% of the European works quota must be reserved for original Italian works produced by independent producers within the last five years. The regulations referred to in Art. 57 shall stipulate that at least one-fifth of the sub-quota of investment must be reserved for cinematographic works of original Italian expression produced by independent producers in the last five years, regardless of where they were made.
In Italy, the EU Directive was transposed into domestic law through Legislative Decree No. 208. According to Art. 55 of the Decree, catalogues of on-demand audiovisual media service providers under Italian jurisdiction must prominently feature at least 30% European works. Providers are required to ensure that, over the past five years, at least 30% of their catalogue consists of European audiovisual works, excluding those that charge a specific fee for individual programmes. Additionally, at least 50% of the European works quota must be reserved for original Italian works produced by independent producers within the last five years. The regulations referred to in Art. 57 shall stipulate that at least one-fifth of the sub-quota of investment must be reserved for cinematographic works of original Italian expression produced by independent producers in the last five years, regardless of where they were made.
Coverage On-demand audiovisual service
Sources
- https://web.archive.org/web/20221107114712/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32010L0013&from=EN
- https://web.archive.org/web/20231002184356/https://eur-lex.europa.eu/eli/dir/2018/1808/oj
- https://web.archive.org/web/20230128185956/https://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:decreto.legislativo:2021-11-08;208
- https://web.archive.org/web/20240609131307/https://rm.coe.int/iris-plus-2022-2-tables/1680a6889d
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ITALY
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that Italy does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, accounting separation is required by law.
Coverage Telecommunications sector
ITALY
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Autorita per le Garanzie Nelle Comunicazioni (AGCOM), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
ITALY
Since November 1972, as amended in May 2021, entry into force in June 2021
Pillar Cross-border data policies |
Sub-pillar Local storage requirement
Presidential Decree No. 633/1972 on the Establishment and Regulation of Value-Added Tax (Decreto del Presidente della Repubblica 26 Ottobre 1972, No. 633: Istituzione e Disciplina dell'Imposta sul Valore Aggiunto)
Art. 39 of the Presidential Decree No. 633 of 1972 states that electric archives related to accounting data for VAT declarations may be kept in a foreign country only if some kind of convention has been concluded between Italy and the receiving country governing the exchange of information in the field of direct taxation. Therefore, such limitation does not apply intra-EU.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231129132227/https://def.finanze.it/DocTribFrontend/getAttoNormativoDetail.do?ACTION=getArticolo&id=%7B75A4827C-3766-4ECC-9C45-00C8D6CDC552%7D&codiceOrdinamento=200003900...
- https://web.archive.org/web/20170310135005/http://kommers.se/Documents/dokumentarkiv/publikationer/2015/Publ-online-trade-offline-rules.pdf/
- https://web.archive.org/web/20230204054317/https://www.normattiva.it/uri-res/N2Ls?urn:nir:presidente.repubblica:decreto:1972;633
- https://web.archive.org/web/20201230092101/http://www.res-legal.eu/search-by-country/italy/sources/t/source/src/dpr-63372/
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ITALY
Since April 2016, entry into force in May 2018
Since June 2003, entry into force in January 2004, last amended in August 2018
Since June 2003, entry into force in January 2004, last amended in August 2018
Pillar Domestic data policies |
Sub-pillar Framework for data protection
General Data Protection Regulation (Regulation 2016/679)
Italian Personal Data Protection Code (Codice in materia di protezione dei dati personali (D.lgs. n. 196/2003))
Italian Personal Data Protection Code (Codice in materia di protezione dei dati personali (D.lgs. n. 196/2003))
The European Union General Data Protection Regulation (GDPR) provides a comprehensive framework for data protection that applies to all EU Member States. Italy implemented the GDPR by means of the Personal Data Protection Code.
Coverage Horizontal
ITALY
Since May 2006
In April 2014
Since January 2004
In April 2014
Since January 2004
Pillar Domestic data policies |
Sub-pillar Minimum period for data retention
Data Retention Directive 2006/24/EC
Judgment European Court of Justice in Joined Cases C-293/12 and C-594/12 Digital Rights Ireland and Seitlinger and Others
Privacy Code (Codice della Privacy (Dlgs 196/2003))
Judgment European Court of Justice in Joined Cases C-293/12 and C-594/12 Digital Rights Ireland and Seitlinger and Others
Privacy Code (Codice della Privacy (Dlgs 196/2003))
Under the EU Directive on Data Retention, operators were required to retain certain categories of traffic and location data (excluding the content of those communications) for a period between six months and two years and to make them available, on request, to law enforcement authorities for the purposes of investigating, detecting and prosecuting serious crime and terrorism. On 8 April 2014, the Court of Justice of the European Union declared the Directive invalid. However, not all national laws that implemented the Directive have been overturned.
In Italy, the Directive has been implemented through an amendment to the Privacy Code effective as of August 2009 and still applies today. Under the Privacy Code, providers of a public communications network or a publicly available electronic communications service must retain "telephone traffic data" and "electronic communications traffic data" for 24 months or 12 months, respectively, for law enforcement purposes. A 30-day retention period applies in case data related to unsuccessful calls are processed on a provisional basis.
In Italy, the Directive has been implemented through an amendment to the Privacy Code effective as of August 2009 and still applies today. Under the Privacy Code, providers of a public communications network or a publicly available electronic communications service must retain "telephone traffic data" and "electronic communications traffic data" for 24 months or 12 months, respectively, for law enforcement purposes. A 30-day retention period applies in case data related to unsuccessful calls are processed on a provisional basis.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20230209064553/https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:105:0054:0063:EN:PDF
- https://web.archive.org/web/20241107201625/https://www.lexology.com/library/detail.aspx?g=b1633127-9940-4b4f-851e-8f3faf56913d
- https://web.archive.org/web/20240127133912/https://www.uke.gov.pl/gfx/uke/userfiles/m-pietrzykowski/telecommunications_act_en.pdf
- https://web.archive.org/web/20240105004010/http://curia.europa.eu/jcms/upload/docs/application/pdf/2014-04/cp140054en.pdf
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ITALY
Since February 2015, as amended in November 2017
Pillar Domestic data policies |
Sub-pillar Minimum period for data retention
Law No. 7 of 2015 (Anti-Terrorism Decree) (Decreto-Legge 18 febbraio 2015, No. 7)
In Italy, operators are obliged to retain data for extended periods on the basis of that Anti-Terrorism Decree. As a result of the amendment to the Anti-Terrorism Decree through Law No. 167 of 2017, companies under the scope of the Anti-Terrorism Decree to this end shall set a retention period of 72 months (6 years) for both telephone and traffic data.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20230925140201/https://www.gazzettaufficiale.it/eli/id/2017/11/27/17G00180/sg
- https://web.archive.org/web/20230204094507/https://www.labparlamento.it/conservazione-dei-dati-telefonici-per-il-garante-e-necessario-rivederne-i-tempi/
- https://web.archive.org/web/20230327220628/https://www.gazzettaufficiale.it/eli/id/2015/02/19/15G00019/sg
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ITALY
Since July 2000
Since April 2003
Since April 2003
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Legislative Decree 09/04/2003 No. 70 – Implementation of Directive 2000/31/EC on Certain Legal Aspects of Information Society Services in the Internal Market, with Particular Reference to Electronic Commerce (Decreto Legislativo 9 aprile 2003, n. 70 – Attuazione della Direttiva 2000/31/CE relativa a taluni aspetti giuridici dei servizi della società dell'informazione nel mercato interno, con particolare riferimento al commercio elettronico, GURI Serie Generale No. 87)
Legislative Decree 09/04/2003 No. 70 – Implementation of Directive 2000/31/EC on Certain Legal Aspects of Information Society Services in the Internal Market, with Particular Reference to Electronic Commerce (Decreto Legislativo 9 aprile 2003, n. 70 – Attuazione della Direttiva 2000/31/CE relativa a taluni aspetti giuridici dei servizi della società dell'informazione nel mercato interno, con particolare riferimento al commercio elettronico, GURI Serie Generale No. 87)
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.
Legislative Decree 09/04/2003 No. 70 transposes Directive 2000/31/EC in Italy.
Legislative Decree 09/04/2003 No. 70 transposes Directive 2000/31/EC in Italy.
Coverage Internet Services Providers
Sources
- https://web.archive.org/web/20231227125945/https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
- https://web.archive.org/web/20241107200827/https://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:legge:1941-04-22;633!vig=2016-06-25
- https://web.archive.org/web/20240415002502/https://wilmap.stanford.edu/entries/legislative-decree-n-70-implementing-directive-200031ec
- https://web.archive.org/web/20230324195642/https://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:decreto.legislativo:2003-04-09;70
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ITALY
Since June 2016
Since June 2018
Since June 2018
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets)
Implementation of Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the Protection of Undisclosed Know-How and Business Information (Trade Secrets) Against Their Unlawful Acquisition and Disclosure (Official Gazette of the Italian Republic, No. 130) (Attuazione della Direttiva (UE) 2016/943 del Parlamento Europeo e del Consiglio, dell'8 giugno 2016, sulla Protezione del Know-How Riservato e delle Informazioni Commerciali Riservate (Segreti Commerciali) Contro l'Acquisizione e la Divulgazione Illeciti (Gazzetta Ufficiale della Repubblica Italiana, No. 130))
Implementation of Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the Protection of Undisclosed Know-How and Business Information (Trade Secrets) Against Their Unlawful Acquisition and Disclosure (Official Gazette of the Italian Republic, No. 130) (Attuazione della Direttiva (UE) 2016/943 del Parlamento Europeo e del Consiglio, dell'8 giugno 2016, sulla Protezione del Know-How Riservato e delle Informazioni Commerciali Riservate (Segreti Commerciali) Contro l'Acquisizione e la Divulgazione Illeciti (Gazzetta Ufficiale della Repubblica Italiana, No. 130))
The Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) is key in harmonising national laws concerning trade secrets. Italy transposed the Directive through the Implementation of Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition and disclosure (Official Gazette of the Italian Republic; Number: 130)
Coverage Horizontal