
IT
Italy Legislative Decree No. 70/2003
Overview
Italy’s Legislative Decree No. 70/2003 implements the EU E-Commerce Directive (2000/31/EC) and regulates information society services, including e-commerce. Its main goal is to promote the free movement of digital services while ensuring transparency, consumer protection, and trust in online transactions.
Regulation Summary
- April 9, 2003 – Legislative Decree No. 70 enacted.
- April 14, 2003 – Published in the Official Gazette.
- April 29, 2003 – Law entered into force (15 days after publication).
- All providers of information society services (online businesses, e-commerce platforms, digital services).
- Both Italian companies and foreign businesses targeting Italian users.
- Applies across industries and company sizes, including freelancers with a professional online presence.
- Taxation matters.
- Data protection in telecommunications (regulated separately).
- Gambling and lotteries.
- Services by notaries or professions tied to public authority.
- Contracts requiring judicial or public authority intervention.
- Family and succession law.
- Provide clear and accurate general information.
- Identify commercial communications clearly as advertising.
- Respect rules on unsolicited communications (spam must be marked and include opt-out).
- Ensure online contracts follow transparency rules (steps to conclude, correction of errors, contract storage).
Websites must display:
- Business name, legal form, and registered office.
- Contact details, including email.
- Company registration/REA number.
- VAT number (if applicable).
- Supervisory authority details if subject to licensing.
- For regulated professions: professional body, title, rules of conduct.
- Prices and tariffs (including taxes, delivery costs).
- Contractual conditions, especially for licensed or user-license services.
- Commercial offers and promotions must be clearly marked with conditions.
- Mandatory disclosure for contests and promotional games.
- Codes of conduct may be adopted by business and consumer associations.
- Out-of-court dispute resolution encouraged, including electronic ADR systems.
- Right to transparent commercial communication.
- Right to withdraw consent from unsolicited communications.
- Right to receive contract terms, prices, and conditions clearly before purchase.
- Access to alternative dispute resolution mechanisms.
- Oversight by the Ministry of Enterprises and Made in Italy (MiSE) and competent authorities.
- Sanctions: administrative fines between €103 and €10,000, which can escalate under related laws or judicial discretion in severe or repeated cases.