ITALY
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
1.02%
Coverage rate of zero-tariffs on ICT goods (%)
79.51%
Coverage: Digital goods
ITALY
Since March 2004, last amended in February 2014
Since April 2016, last amended in December 2021
Since April 2016, last amended in December 2021
Pillar Public procurement of ICT goods and online services |
Sub-pillar 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)
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.
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
Sources
- https://web.archive.org/web/20220303180640/https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32014L0025&from=EN#d1e7298-243-1
- https://web.archive.org/web/20241107194650/https://faolex.fao.org/docs/pdf/ita193190.pdf
- https://web.archive.org/web/20240301001209/https://www.lexology.com/library/detail.aspx?g=276feaf8-c91b-4b7d-8310-dad8134f3c4c
- https://web.archive.org/web/20220121131638/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52019XC0813(01)&from=EN
- Show more...
ITALY
Since April 2016, last amended in December 2021
Pillar Public procurement of ICT goods and online services |
Sub-pillar 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.
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
Sources
- https://web.archive.org/web/20220305182709/https://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:decreto.legislativo:2016-04-18;50
- https://web.archive.org/web/20241107195021/https://www.altalex.com/documents/news/2016/04/20/codice-degli-appalti
- https://web.archive.org/web/20231108030000/https://ustr.gov/sites/default/files/files/reports/2021/2021NTE.pdf
- https://web.archive.org/web/20220629231201/https://www.infoparlamento.it/tematiche/codice-appalti-dlgs-50-2016-e-modificazioni/presidenza-del-consiglio-dei-ministri-dipartimento-della-funzione-pubblic...
- Show more...
ITALY
Reported in 2018, last reported in 2023
Pillar Public procurement of ICT goods and online services |
Sub-pillar 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
Sources
- https://web.archive.org/web/20230802214420/https://ustr.gov/sites/default/files/2022%20National%20Trade%20Estimate%20Report%20on%20Foreign%20Trade%20Barriers.pdf
- https://web.archive.org/web/20231126221937/https://ustr.gov/sites/default/files/files/Press/Reports/2018%20National%20Trade%20Estimate%20Report.pdf
- https://web.archive.org/web/20230927032025/https://www.state.gov/reports/2023-investment-climate-statements/italy/
- Show more...
ITALY
Reported in 2022, last reported in 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar 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
Since November 2021
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar 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)
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.
- 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
Sources
- https://www.lexology.com/library/detail.aspx?g=93962e5e-b5e2-4e08-9edb-b99e416e2850
- https://web.archive.org/web/20231222223551/https://policy.trade.ec.europa.eu/enforcement-and-protection/investment-screening_en
- https://web.archive.org/web/20240726235943/https://www.governo.it/it/dipartimenti/dip-il-coordinamento-amministrativo/dica-norm-goldenpower/9299
- https://web.archive.org/web/20230603123542/https://circabc.europa.eu/rest/download/7e72cdb4-65d4-4eb1-910b-bed119c45d47
- Show more...
ITALY
Since March 2022
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Decree-Law No. 21 of 21 March 2022 on Urgent Measures to Counter the Economic and Humanitarian Effects of the Ukrainian Crisis (Decreto-Legge No. 21 del 21 marzo 2022, Misure urgenti per contrastare gli effetti economici e umanitari della crisi ucraina)
The Italian government implemented Law No. 21/2022, on "Emergency Measures Decree to React to the Economic and Humanitarian Effects of the Ukrainian Crisis". The decree further expanded the Italian government's “Golden Power Rules”, the power to limit or block foreign direct investments and corporate transactions regarding national strategic assets on any transactions concerning 5G communication networks and cloud technologies. In addition, any company involved in transactions concerning 5G communication networks triggering the Golden Rules have reporting obligations, such as the submission of a detailed annual report describing 5G technology implementation.
Coverage 5G communication networks and cloud technologies
ITALY
Since November 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Decree-Law No. 104/2023 (Decreto-Legge No. 104/2023)
In October 2023, Law No. 136/2023 entered into effect, which converted Decree-Law No. 104/2023 (Asset Decree) into law and introduced amendments to the golden power legislation. The amendment expands the application of government "special powers" to include certain asset acquisitions in a list of critical technologies when these assets are covered by intellectual property rights and involve entities outside the European Union (EU) within the same group. The intellectual property rights mentioned include those related to AI, semiconductor production machinery, and cybersecurity (Art. 7).
Coverage Critical technologies
ITALY
Since February 2005, last amended in December 2023
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the application process for patents
Italian Industrial Property Law (Decreto Legislativo No. 30 Codice della Proprietà Industriale)
Foreign entities shall act before the Italian Intellectual Property Office through a representative registered in Italy. (see Art. 201 Italian Industrial Property Law). Patent applications are subject to formal examination.
Coverage Horizontal
ITALY
Since March 1985
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Italy is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
IRELAND
Since June 2014
Since 2013
Since 2013
Pillar Online sales and transactions |
Sub-pillar 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
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
Sources
- https://web.archive.org/web/20210325212820/https://e-justice.europa.eu/content_consumer_rights_directive_201183-639-en.do
- https://web.archive.org/web/20221006174714/https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:304:0064:0088:en:PDF
- https://web.archive.org/web/20231129210806/https://www.citizensinformation.ie/en/consumer/shopping/shopping-online/
- https://web.archive.org/web/20220304194339/https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:304:0064:0088:en:PDF
- Show more...
IRELAND
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
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 |
Sub-pillar Adoption of United Nations Commission on International Trade Law (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 |
Sub-pillar Adoption of United Nations Commission on International Trade Law (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