E-commerce—Italy—Q&A guide
E-commerce—Italy—Q&A guide

The following TMT practice note provides comprehensive and up to date legal information covering:

  • E-commerce—Italy—Q&A guide
  • 1. How can the government’s attitude and approach to internet issues best be described?
  • 2. What legislation governs business on the internet?
  • 3. Which regulatory bodies are responsible for the regulation of e-commerce, data protection and internet access tariffs and charges?
  • 4. What tests or rules are applied by the courts to determine the jurisdiction for internet-related transactions or disputes in cases where the defendant is resident or provides goods or services from outside the jurisdiction?
  • 5. What regulatory and procedural requirements govern the establishment of digital businesses in your jurisdiction? To what extent do these requirements and procedures differ from those governing the establishment of brick-and-mortar businesses?
  • 6. Is it possible to form and conclude contracts electronically? If so, how are contracts formed on the internet? Explain whether ‘click wrap’ contracts are enforceable, and if so, what requirements need to be met?
  • 7. Are there any particular laws that govern contracting on the internet? Do these distinguish between business-to-consumer and business-to-business contracts?
  • 8. How does the law recognise or define digital or e-signatures?
  • 9. Are there any data retention or software legacy requirements in relation to the formation of electronic contracts?
  • More...

This Practice Note contains a jurisdiction-specific Q&A guide to e-commerce in Italy published as part of the Lexology Getting the Deal Through series by Law Business Research (published: May 2020).

Authors: ICT Legal Consulting—Paolo Balboni; Luca Bolognini; Raffaella Cesareo; Luciana Di Vito; Camilla Serraiotto; Claudio Partesotti

1. How can the government’s attitude and approach to internet issues best be described?

The government has adopted a cognisant approach to internet issues. The complexity and potential of the internet and the challenges it poses must be balanced with the rights and freedom of individuals. With this in mind, Italy’s digital transformation strategy highlights the legislature’s comprehensive approach from the private sector to public administration. In this context, the government is aware of the need to:

  1. strengthen the digital culture of citizens and enterprises; and

  2. improve the online provision of goods and services, which is considered a priority.

Therefore, to implement the beneficial effects of Industry 4.0, enterprises must be provided with digital knowledge-based technology to foster competitiveness.

2. What legislation governs business on the internet?

There are two main e-commerce models in Italy: business to business (B2B) and business to consumer (B2C), while new models such as consumer to business and consumer to consumer are developing. The legislature has adopted different legal instruments to regulate e-commerce in a comprehensive manner and has provided for the application of special legislation, including:

  1. Legislative Decree

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