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.

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.

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.

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.

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 which are implemented following the European Union legal regime. Those exceptions are mainly covered in Arts. 65-71 of Copyright Law No. 633/1941, 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 European Union and Italy have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.

The European Union and Italy have adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.

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)

It is reported that passive sharing is mandated in Italy, and it is practised in the mobile sector 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 must 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.

The Italian government owns a 9.81% stake in 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 Fibre, another Italian telecommunications company, is subject to the management and coordination of the single shareholder Open Fibre 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).

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.

It is reported that there is no sector in which foreign investment is prohibited.

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.

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.

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).