Italy has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

There is no general principle for the use of copyright protected material comparable to the fair use/fair dealing principles. Directive 2001/29/EC defines an optional, but exhaustive set of limitations from the author´s exclusive rights under the control of the “three-step test” in line with the Berne Convention that establishes three cumulative conditions to the limitations and exceptions of a copyright holder’s rights. The Directive has been transposed by Member States with significant freedom.
Italian legislation provides for a comprehensive set of copyright exceptions, some of them implemented following the European Union legal regime. Those exceptions are mainly covered in Arts. 65-71 of Copyright Law No. 633, and include:
- Reproduction of current news articles or broadcasts, where the original source is indicated;
- Reproduction or communication of public speeches on matters of political or government interest;
- Use of fragments or quotations for criticism, discussion, or non-commercial teaching or research
- Reproduction and communication for persons with disabilities;
- Communication of low-resolution images and music over the Internet for educational or scientific purposes;
- Use of protected work in loans by state libraries made for cultural promotion or personal study;
- Reproduction of 15% of a work (excluding sheet music) for private use;
- Reproduction of music and videos for personal, non-commercial use.

The rate of unlicensed software installation in Italy was reportedly 43% in 2017 (above the 26% rate of Western European countries), for an estimated commercial value of unlicensed software of USD 1,278 million.

Italy has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.

Italy is a party to the Patent Cooperation Treaty (PCT).

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.

The Italian government implemented the Law No. 21/2022, on "Emergency Measures Decree to react to the economic and humanitarian effects of the Ukrainian crisis". The Decree further expands 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.
In addition, Regulation 2019/452 allows EU Member States to maintain, amend or adopt mechanisms to screen foreign direct investments in their territory on grounds of security or public order. Within this framework and according to the Presidential Decree 23 December 2020, n. 179, foreign direct investment in Italy in construction, engineering and audio-visual services can be subject to screening mechanisms due to strategic importance and national security considerations. source

Under the Regulation 2019/452, Member States may maintain their existing investments screening mechanisms (21 Member States currently do), adopt new ones or remain without such national mechanisms. The Commission keeps an up-to-date list of screening laws in the EU. Member States must notify the Commission who may issue an opinion when an investment threatens the security or public order of more than one Member State, or when an investment could undermine a strategic project or programme of interest to the whole EU, such as Horizon 2020 or Galileo. The final decision remains with the Member State.
In Italy, Law No. 21/2012, and subsequent implementing regulations such as Law Decree No. 21 of 2012, 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 to 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 August 2021, introduces a governmental review to 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.

Different stakeholders report complaints regarding lack of transparency in the access to, and management of, public procurement processes. In addition, corruption remains a concern. To this end, although legal framework to fight against corruption is considered adequate, enforcement of the same has to improve.

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 on Public Contracts.

As a general rule, the principle of non-discrimination applies. However, Art. 49 of the Decree on Public Contracts introduces the principle of reciprocity. Contracting authorities shall apply equal treatment to economic operators from third countries which are members of the EU, signatories to the WTO Government Procurement Agreement or other agreements with by 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 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.

Ireland has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.

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.

Ireland has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.

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.