ITALY
Since June 2014
Since September 2005
Since September 2005
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU
Consumer Code - Legislative Decree no. 206 of 6 September 2005 - Part III - Title III - Chap I Consumer Rights
Consumer Code - Legislative Decree no. 206 of 6 September 2005 - Part III - Title III - Chap I Consumer Rights
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Consumer Code - Legislative Decree No. 206 of 6 September 2005 - Part III - Title III - Chap I Consumer Rights.
Coverage Horizontal
ITALY
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention of Electronic Communications
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
Since 2014
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
Regulation of allocation and management of ".it" domain names
As provided in provision 1.2.3 of the Regulation of allocation and management of ".it" domain names, registration of an ".it" domain name is only permitted to persons of legal age who have citizenship, residence or registered office in the countries of the European Economic Area (EEA), the Vatican State, the Republic of San Marino and the Swiss Confederation.
Coverage Horizontal
ITALY
Since March 2010, entry into force in May 2010, last amended in 2018
Since 2016
Since 2016
Pillar Quantitative trade restrictions for ICT goods, products and online services |
Sub-pillar Local content requirements (LCRs) on ICT goods for the commercial market
EU Directive on Audiovisual Media Services (AVMS)
Law No. 220 on Cinema and Audiovisual
Law No. 220 on Cinema and Audiovisual
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. Article 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 through facilitating access to such works using any appropriate means to ensure prominence of European works. 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, Art. 13 has been implemented via two options. Audiovisual Media Service (AVMS) providers have the choice to either ensure that 20% of their catalogue consists of European works, or to provide financial contributions to the production or rights acquisition of European work, usually by investing in the production or rights acquisition of the latter.
Art. 6 of Law No. 220 on Cinema and Audiovisual establishes that the share of the rights owned by Italian undertakings must not be lower than 20% overall and must include in any case the exploitation rights for the Italian territory; the percentage relating to the expenses actually and directly borne by Italian undertakings must be at least equal to that of the property rights.
In Italy, Art. 13 has been implemented via two options. Audiovisual Media Service (AVMS) providers have the choice to either ensure that 20% of their catalogue consists of European works, or to provide financial contributions to the production or rights acquisition of European work, usually by investing in the production or rights acquisition of the latter.
Art. 6 of Law No. 220 on Cinema and Audiovisual establishes that the share of the rights owned by Italian undertakings must not be lower than 20% overall and must include in any case the exploitation rights for the Italian territory; the percentage relating to the expenses actually and directly borne by Italian undertakings must be at least equal to that of the property rights.
Coverage On-demand audiovisual service
Sources
- https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32010L0013&from=EN
- https://eur-lex.europa.eu/eli/dir/2018/1808/oj
- https://erga-online.eu/wp-content/uploads/2021/12/ERGA-SG1-2021-Report-Article-13_1.pdf
- https://ustr.gov/sites/default/files/files/reports/2021/2021NTE.pdf
- https://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:decreto.legislativo:2005-07-31;177!vig=
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ITALY
N/A
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 Horizontal
ITALY
Since July 2000
Since April 2003
Since April 2003
Pillar Intermediary liability |
Sub-pillar Safe harbor 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 GURI General Series 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 GURI General Series 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 harbor. 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://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
- https://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:legge:1941-04-22;633!vig=2016-06-25
- https://wilmap.stanford.edu/entries/legislative-decree-n-70-implementing-directive-200031ec
- https://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:decreto.legislativo:2003-04-09;70
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ITALY
Since July 2000
Since April 2003
Since April 2003
Pillar Intermediary liability |
Sub-pillar Safe harbor 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 GURI General Series 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 GURI General Series 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 harbor. 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://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
- https://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:legge:1941-04-22;633!vig=2016-06-25
- https://wilmap.stanford.edu/entries/legislative-decree-n-70-implementing-directive-200031ec
- https://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:decreto.legislativo:2003-04-09;70
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ITALY
Since 2017
Pillar Domestic Data policies |
Sub-pillar Minimum period for data retention
Law No. 7 of 2015 (Anti-Terrorism Decree)
Law No. 167 of 2017
Law No. 167 of 2017
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 Anti-Terrorism Decree through Law No. 167, 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
ITALY
Since 2006
In 2014
Since 2009
In 2014
Since 2009
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
Judgment European Court of Justice in Joined Cases C-293/12 and C-594/12 Digital Rights Ireland and Seitlinger and Others
Privacy Code
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 which 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 applying 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 of data related to unsuccessful calls 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 applying 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 of data related to unsuccessful calls processed on a provisional basis.
Coverage Telecommunications sector
Sources
- http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:105:0054:0063:EN:PDF
- https://www.lexology.com/library/detail.aspx?g=b1633127-9940-4b4f-851e-8f3faf56913d
- http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/police-cooperation/data-retention/index_en.htm
- http://www.euractiv.com/sections/infosociety/german-government-repackages-data-retention-regulations-313821
- http://curia.europa.eu/jcms/upload/docs/application/pdf/2014-04/cp140054en.pdf
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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 of 1972
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://def.finanze.it/DocTribFrontend/getAttoNormativoDetail.do?ACTION=getArticolo&id={75A4827C-3766-4ECC-9C45-00C8D6CDC552}&codiceOrdinamento=200003900000000&articolo=Articolo%2039
- http://www.kommers.se/Documents/dokumentarkiv/publikationer/2015/Publ-online-trade-offline-rules.pdf
- https://www.normattiva.it/uri-res/N2Ls?urn:nir:presidente.repubblica:decreto:1972;633
- http://www.res-legal.eu/search-by-country/italy/sources/t/source/src/dpr-63372/
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ITALY
Since July 1997
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of 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
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The Italian government owns a 9.81% stake of TIM through Treasury-owned state lender Cassa Depositi e Prestiti (CDP). TIM is the leading Italian telecom operator, owning the country’s largest infrastructure. Also, Open Fiber, another Italian telecommunications company, is subject to the management and coordination of the single shareholder Open Fiber Holdings S.p.A., a company 60% owned by CDP Equity S.p.A. (a company attributable to the state-owned Cassa Depositi e Prestiti Group).
Coverage Telecommunications sector
ITALY
N/A
Pillar Telecom infrastructure and 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
Since May 2014
Pillar Telecom infrastructure and competition |
Sub-pillar Passive infrastructure sharing obligation
Directive 2014/61/EU on measures to reduce the cost of deploying high-speed electronic communications networks
It is reported that passive sharing is mandated in Italy, and it is practiced in mobile based on commercial agreements. In addition, Directive 2014/61/EU (Art. 3.2) establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator has the obligation to meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks. Such written request shall specify the elements of the project for which the access is requested, including a specific time frame.
Coverage Telecommunications sector
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; Number: 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; Number: 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; Number: 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; Number: 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