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Trading restrictions

ITALY


Chapter Online sales and transactions  |  Sub-chapter Online sales
Restriction on online sales
Purchase of tobacco products via Internet is not allowed.
Coverage E-retail
Trading restrictions

ITALY

Since 2014

Chapter Online sales and transactions  |  Sub-chapter Domain name (DNS) registration requirements
Assignment and management of domain names in the ccTLD .it
The registration of a .it domain names is permitted only to persons who have citizenship, residence or a registered office in the countries of the European Economic Area (EEA), the Vatican, the Republic of San Marino and Switzerland.
Coverage Horizontal
Trading restrictions

ITALY

Reported in August 2013

Chapter Online sales and transactions  |  Sub-chapter Barriers to fulfillment
De minimis rule
The European de minimis threshold for import duties is harmonized. Goods with a value of up to 131 SDR / 150 EUR / 198 USD are exempted from customs duties. The VAT de minimis threshold is not harmonized within the EU and can vary between 10 and 22 EUR, i.e. Member States can decide on a value within this range to grant an exemption on VAT for imported goods.

According to Italy's de minimis rule, goods with a value of up to 19 SDR / 22 EUR / 29 USD are exempted from VAT.
Coverage Horizontal
Trading restrictions

ITALY

Reported in 2014

Chapter Quantitative Trade Restrictions  |  Sub-chapter Local Content Requeriments for commercial market
EU Directive on Audiovisual Media Services (AVMS)
The EU Directive on Audiovisual Media Services (AVMS) covers traditional broadcasting services as well as audiovisual media services provided on-demand, including via the Internet. According to the AVMS Directive on-demand services are not subject to any explicit, strict content quota, but Article 13 imposes on Member States the obligation to ensure that on-demand service providers promote European works. The Directive has been implemented by Member States in different ways, ranging from very extensive and detailed measures to a mere reference to the general obligation to promote European works.

In Italy, Article 13 has been implemented via two options. Audiovisual Media Service (AVMS) providers have the choice to either ensure that 20% of their catalogue consists of European works, or to provide financial contributions to the production or rights acquisition of European work, usually by investing in the production or rights acquisition of the latter.

Italy, Czech Republic, and Slovenia, which apply financial contributions as one option among others, report that up to now none of their operators have chosen that option.
Coverage On-demand audiovisual services
Sources
  • Press release -Video on Demand and the Promotion of European Works -European Audiovisual Observatory publishes new IRIS Special Report

    https://rm.coe.int/1680783dc7
  • Promotion of European works in practice

    http://ec.europa.eu/digital-agenda/en/news/promotion-european-works-practice
Restrictions on data

ITALY

Since 2010

Chapter Content access  |  Sub-chapter Bandwidth, net neutrality
Throttling and extra charge
The Body of European Regulators for Electronic Communications (BEREC) found evidence of blocking or charging extra for the provision of VoIP services in mobile networks by certain mobile operators in Italy.
Coverage VoIP services
Restrictions on data

ITALY


Chapter Content access  |  Sub-chapter Censorship and filtering of web content
European Court of Justice ruling - Case C-314/12 "UPC Telekabel Wien GmbH v Constantin Film Verleih GmbH and Wega
Filmproduktionsgesellschaft mbH"
The European Court of Justice has interpreted in 2014 that Internet Service Providers (ISPs) may be ordered by national courts to block customer access to a copyright-infringing website. This ruling aims to limit online piracy.

The Italian Communications Regulatory Authority (AGCOM) can request the take down or blocking of copyright infringement material. A criminal court in Rome blocked access in Italy to several websites for copyright infringement, including Mega (a cloud storage service) and the Russian Internet giant Mail.ru.
Coverage Internet service providers

Web content
Restrictions on data

ITALY

In February 2010

Chapter Intermediary liability  |  Sub-chapter Notice and takedown requirement
Court ruling
An Italian court convicted three Google Inc. executives (Google's senior vice president and chief legal officer, its chief privacy counsel and the company's former chief financial officer) to a six-month jail sentence for violation of data protection laws by allowing a video of students bullying a disabled boy to air on the Google Video site. The prosecutors argued that because Google handled user data — and used content to generate advertising revenue — it was a content provider, not a service provider, and therefore broke Italian privacy law.Tthe Court of Appeals of Milan on 21 December 2012 ruled that “no crime has been committed” and exonerated the three executives.
Coverage Google
Restrictions on data

ITALY


Chapter Intermediary liability  |  Sub-chapter Lack of safe harbor for intermediary liability
RTI and others vs. YouTube and others
In Italy, the Civil Court of Rome also considered that a video-sharing site could not benefit from a liability exemption. The court stated that YouTube was not to be regarded as a hosting provider but as a "digital broadcaster" and was consequently considered fully responsible for the published content. YouTube would play an active role and would not limit its activities to providing server space for users to independently upload and organise content.
Coverage File and video sharing services
Sources
Restrictions on data

ITALY

In 2003

Chapter Intermediary liability  |  Sub-chapter Lack of safe harbor for intermediary liability
Legislative Decree N. 70
The European Court of Justice has interpreted in 2014 that Internet Service Providers (ISPs) may be ordered by national courts to block customer access to a copyright-infringing website. This ruling aims to limit online piracy.

In Italy, the Legislative Decree No.70 implements almost verbatim the E-commerce Directive. It stipulates that ISPs cannot remove or disable access before receiving "communication of the competent authority". However, there is a growing jurisprudential trend upholding harsh copyright enforcement measures against intermediaries.
Coverage Internet intermediaries
Restrictions on data

ITALY

In February 2010

Chapter Data policies  |  Sub-chapter Sanctions for non-compliance
Court ruling
An Italian court convicted three Google Inc. executives (Google's senior vice president and chief legal officer, its chief privacy counsel and the company's former chief financial officer) to a six-month jail sentence for violation of data protection laws by allowing a video of students bullying a disabled boy to air on the Google Video site. The prosecutors argued that because Google handled user data — and used content to generate advertising revenue — it was a content provider, not a service provider, and therefore broke Italian privacy law. The Court of Appeals of Milan on 21 December 2012 ruled that “no crime has been committed” and exonerated the three executives.
Coverage Google
Restrictions on data

ITALY

Since 1995
Since January 2004

Chapter Data policies  |  Sub-chapter Sanctions for non-compliance
Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data

Consolidation Act regarding the Protection of Personal Data (Data Protection Code - Legislative Decree No. 196 of 30 June 2003)
According to the Directive 95/46/EC, the Member States shall adopt suitable measures to ensure the full implementation of the provisions of this Directive and shall in particular lay down the sanctions to be imposed in case of infringement of the provisions adopted pursuant to this Directive. The sanctions vary between member states.

In Italy, the national authority may impose administrative sanctions, inter alia, in cases of non-fulfilment of the obligation to provide the data subject with the information notice; or failure to notify or incomplete notification to the national authority. Fines can go from 6.000 euros to 36.000 euros, while criminal sanctions include up to three years imprisonment.
Coverage Horizontal
Restrictions on data

ITALY

Since August 2009

Chapter Data policies  |  Sub-chapter Data retention
Data Retention Directive 2006/24/EC, Judgment European Court of Justice in Joined Cases C-293/12 and C-594/12 Digital Rights Ireland and Seitlinger and Others

Privacy Code
Under the Directive on Data Retention, operators were required to retain certain categories of traffic and location data (excluding the content of those communications) for a period between six months and two years and to make them available, on request, to law enforcement authorities for the purposes of investigating, detecting and prosecuting serious crime and terrorism. On 8 April 2014, the Court of Justice of the European Union (ECJ) declared the Directive invalid. However, not all national laws which implemented the Directive have been overturned.

In Italy, the Directive has been implemented through an amendment to the Privacy Code effective as of August 2009 and still applying today. Under the Privacy Code, providers of a public communications network or a publicly available electronic communications service must retain "telephone traffic data" and "electronic communications traffic data" for 24 months or 12 months, respectively, for law enforcement purposes. A 30 day retention period applies in case of data related to unsuccessful calls processed on a provisional basis.
Coverage Telecommunication sector
Restrictions on data

ITALY

Since 1972

Chapter Data policies  |  Sub-chapter Restrictions on cross-border data flows
Presidential Decree No. 633 of 1972
Article 39 of the Presidential Decree no. 633 of 1972 states state electric archives related to accounting data for VAT declarations might be kept in a foreign country only if some kind of convention has been concluded between Italy and the receiving country governing the exchange of information in the field of direct taxation. Therefore, such limitation does not apply intra-EU.
Coverage Horizontal
Establishment restrictions

ITALY

Since 1998

Chapter Business mobility  |  Sub-chapter Quotas, Labour Market Tests, Limits of Stay
Unified Immigration Law No. 286 of June 1998 (Art 27)

Immigration Law and Regulations on the Conditions of Foreigners No 40 of March 1998

Consolidated Act on Immigration (Art 22)
There are only labour market tests for Independent service suppliers (ISS). As per article 22 of the Consolidated Act on Immigration, the competent Employment Center informs local Employment Centres about the offer and advertises it on the Internet as well as by using all other possible tools. After 20 days, all applications submitted by national and EU workers are forwarded to the Single Desk for Immigration in charge of the procedure. Labour market tests do not apply to highly qualified workers.
Coverage Horizontal
Establishment restrictions

ITALY

Since 1998

Chapter Business mobility  |  Sub-chapter Quotas, Labour Market Tests, Limits of Stay
Unified Immigration Law No. 286 of June 1998 (Art 27)

Immigration Law and Regulations on the Conditions of Foreigners No 40 of March 1998
There are quotas for independent service suppliers (ISS), which are yearly set through an immigration quota decree.
Coverage Horizontal