ITALY
N/A
Pillar Telecom infrastructure & competition |
Indicator 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 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).
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20231117144815/https://www.gruppotim.it/en/investors/shares/shareholders.html
- https://web.archive.org/web/20230330043308/https://www.digitaltveurope.com/2022/01/14/italian-government-wants-say-on-tim-takeover/
- https://web.archive.org/web/20230926195010/https://openfiber.it/en/corporate/company/structure/
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ITALY
N/A
Pillar Telecom infrastructure & competition |
Indicator 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
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
1.03%
Coverage rate of zero-tariffs on ICT goods (%)
77.67%
Coverage: ICT 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 |
Indicator 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
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ITALY
Since April 2016, last amended in December 2021
Pillar Public procurement of ICT goods and online services |
Indicator 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...
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ITALY
Reported in 2018, last reported in 2023
Pillar Public procurement of ICT goods and online services |
Indicator 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/
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IRELAND
Since June 2014
Since 2013
Since 2013
Pillar Online sales and transactions |
Indicator 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
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IRELAND
N/A
Pillar Online sales and transactions |
Indicator Ratification of the 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 |
Indicator 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 |
Indicator 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
IRELAND
Since March 2010, entry into force in May 2010, last amended in 2018
Since July 2009, as amended in March 2023
Since July 2009, as amended in March 2023
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Local content requirements (LCRs) on ICT goods for the commercial market
EU Directive on Audiovisual Media Services (AVMS)
Broadcasting Act 2009
Broadcasting Act 2009
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 Ireland, the EU Directive was transposed into domestic law through the amendment of the Broadcasting Act of March 2023 (Online Safety and Media Regulation Act 2022). According to Section 159B of the Act, a media service provider under the jurisdiction of the State must not offer an audiovisual on-demand media service if the share of European works in its catalogue is less than 30%. Ireland has not implemented financial contribution obligations to VOD service providers.
In Ireland, the EU Directive was transposed into domestic law through the amendment of the Broadcasting Act of March 2023 (Online Safety and Media Regulation Act 2022). According to Section 159B of the Act, a media service provider under the jurisdiction of the State must not offer an audiovisual on-demand media service if the share of European works in its catalogue is less than 30%. Ireland has not implemented financial contribution obligations to VOD service providers.
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/20241107194247/https://revisedacts.lawreform.ie/eli/2009/act/18/section/159B/revised/en/html
- https://web.archive.org/web/20240609131307/https://rm.coe.int/iris-plus-2022-2-tables/1680a6889d
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IRELAND
Since April 2007
Pillar Online sales and transactions |
Indicator Restrictions on domain names
Communications Regulation (Amendment) Act 2007
The Communications Regulation (Amendment) Act 2007 empowers the Commission for Communications Regulation to set rules on application procedures for domain names. Currently, these rules require individuals and companies to prove a valid "connection to Ireland" to register an official ".ie" domain. This connection can be proved with an RBN/CRO number, VAT number, tax clearance certificate from Ireland's Revenue Commissioners, Irish passport, Irish/UK driver's licence showing an address in the island of Ireland, Irish/Northern Irish bank statement showing an address in the island of Ireland, College ID or Public Services Card. Evidence that the company will be relocating to Ireland in the near future is also accepted.
Coverage Horizontal
IRELAND
Since January 2011
Pillar Domestic data policies |
Indicator Requirement to allow the government to access personal data collected
Communications (Retention of Data) Act 2011
Section 6 of the Communications (Retention of Data) Act 2011 allows members of the Garda Síochána not below the rank of chief superintendent, officers of the Permanent Defence Force not below the rank of colonel, and officers of the Revenue Commissioners not below the rank of principal officer to request the disclosure of data without a warrant in certain circumstances.
Coverage Telecommunication and Internet Service Providers
IRELAND
Since July 2000
Since 2003
Since 2003
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Statutory Instrument No. 68
Statutory Instrument No. 68
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.
Statutory Instrument No.68 implements Directive 2000/31/EC (E-Commerce Directive), establishing a conditional safe harbour for Internet Service Providers (ISPs) in Ireland. The conditions prohibit any infringements of third-party rights, including rights relating to copyright or intellectual property, rights to which the law of defamation and malicious falsehood relate and rights under contract (Art. 15). The safe harbour is further delimited to certain activities - conduit, batching and hosting (Arts. 16–18) - carried out by internet intermediaries, rather than categories of service providers.
Statutory Instrument No.68 implements Directive 2000/31/EC (E-Commerce Directive), establishing a conditional safe harbour for Internet Service Providers (ISPs) in Ireland. The conditions prohibit any infringements of third-party rights, including rights relating to copyright or intellectual property, rights to which the law of defamation and malicious falsehood relate and rights under contract (Art. 15). The safe harbour is further delimited to certain activities - conduit, batching and hosting (Arts. 16–18) - carried out by internet intermediaries, rather than categories of service providers.
Coverage Internet intermediaries
