Public Italy Author: Kristina Dosen
In relation to e-commerce in Italy, there have been some new changes and obligations for sellers, all in accordance with the newly published Consumer Code. The Italian Government's legislative decree was approved on February 22, which transposes Directive (EU) 2019/2161 on sales and e-commerce and closes an EU infringement procedure. In general, the main obligation is to increase the transparency of online sales relating to sellers (indicating whether they are individuals or professionals), sponsored ads that appear at the top of search results, pricing mechanisms, and the source of published reviews. Sanctions are predefined for those who do not comply with these changes.

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Content accuracy validation date: 17.03.2023
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The most relevant obligations refer to:

  • If the consumer selects the products using a keyword , general information must be provided in relation to the "main parameters which determine the classification of the products presented as a result of his search and the relative importance of these parameters compared to others". This information must be easily accessible from the web page that the consumer opens to search. (The obligation does not apply to online search engine providers but to marketplaces and e-commerce sites.)
  • For all types of trade, the rules on price and discounts apply : the lowest price charged by the professional in the previous 30 days must also be indicated in the price reduction announcements.
  • If the search results include advertisements or sites that have paid to get a better ranking, this must be clearly indicated, in the sense that the consumer must be aware of it.
  • On the front of reviews published on products, relevant information must be clearly provided to the user, including the guarantee that their authors have actually purchased or used the product in question.
  • An exchange between the product/service and the consumer's personal data is possible, but is subject to all the rules of clarity, transparency, and fairness required by law.
  • On the right of withdrawal, it is clarified that the consumer , when withdrawing from a contract, must refrain from using the digital content or service and from making it available to third parties.



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