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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.