Online Store Regulations - Italy. Expansion into the Italian Market

The Italian e-commerce market is not only one of the largest in Europe, but also full of opportunities for online sellers who want to reach informed and demanding customers. However, to effectively and legally run an online store in Italy, a good offer and a modern website are not enough – knowledge of local regulations is key. From information obligations, through the right of withdrawal, to rules on complaints and personal data protection – Italian law clearly defines what is permitted and what is not. What not to do. In this article, we show you what to pay attention to to ensure your store complies with regulations, builds customer trust, and actually increases sales. 

Laws regulating e-commerce in Italy 

The most important laws in Italy regulating online sales include: 

Legislative decree 

The provisions of the decree oblige online sellers to, among other things: 

The aforementioned decree obliges sellers to ensure the security of consumer data by implementing the necessary measures to prevent unauthorized access to personal data. However, this legal act does not exhaustively regulate personal data protection , but rather addresses the security of consumer data in the context of the provision of electronic services. 

Consumer Code 

In turn, the code regulates issues such as: 

In 2021, the above code was amended by legislative decree following a change in EU regulations regarding sellers’ liability for the conformity of goods with the contract ( i.e. complaints). 

Withdrawal from the contract 

Consumers have the right to withdraw from the contract (also known as the "right to change their mind") without giving any reason within 14 calendar days of receiving the goods . However, there are exceptions. For example, if the goods are manufactured according to the consumer's specifications, the consumer loses the right to withdraw from the contract. 

Failure by the seller to inform the consumer of the right to withdraw from the contract has significant consequences. The withdrawal period is then extended from 14 days to 12 months . After informing the consumer of this right, they have another 14 days to exercise it. In such a case, the seller bears the cost of returning the goods. 

Furthermore, a seller offering the possibility for the consumer to submit a declaration of intent on its website is obliged to immediately notify the consumer of receipt of the declaration of withdrawal on a durable medium. 

Complaint 

From 2022, the presumption of non-conformity of goods with the contract has been extended from 6 months to 12 months . This means that if a consumer reports a defect within one year of purchase, the seller must prove that the product conformed with the contract at the time of sale. After this period, this obligation rests with the consumer. 

It is important to note that in Italy, consumers are not limited to a two-month deadline to notify the seller of a product's nonconformity with the contract. They can do so within two years, i.e., within the period of the seller's liability for the nonconformity of the product with the contract. 

If the goods do not conform to the contract, the consumer is entitled to a claim for repair or replacement, price reduction or termination of the contract. 

Personal data protection 

The equivalent of the Polish Personal Data Protection Office is the Garante per la Protezione dei Dati Personal . It should not be forgotten that running an online store is inevitably associated with processing personal data of users visiting your website. 

Therefore, please note that in addition to the store's terms and conditions and checkboxes for acceptance, a privacy policy should be drafted and posted on the store's website. It should contain at least the following information: 

Please note that unless the processing of personal data is based on a contract or legal obligation, the user's express and voluntary consent to the processing of personal data is required. This applies, for example, to sending a newsletter . 

Failure to comply with personal data protection regulations may result in the imposition of penalties by the Italian equivalent of the Personal Data Protection Office (AGCM) financial penalty. 

Supervisory body 

The Italian equivalent of the Office of Competition and Consumer Protection is Autorità Guarantee della The Concorrenza e del Mercato (AGCM) . This body exercises supervisory functions, including those related to consumer protection in the field of unfair commercial practices, unfair terms, and misleading advertising. 

The AGCM has broad powers – it can conduct investigations , impose interim measures and financial penalties.