Legislative Decree No. 26 of March 7, 2023, introduced several changes to the Italian Consumer Code, including:
- An increase in the maximum administrative fines that the AGCM can impose for unfair commercial practices, from €5 million to €10 million (see Art. 27, paragraph 9 of the Consumer Code).
- Extension of this sanctioning regime (administrative fines ranging from €5,000 to €10 million) to unfair terms in B2C contracts, which were previously subject only to the “protective nullity” rule (see Art. 27, paragraph 9 of the Consumer Code).
Recently, we have witnessed the AGCM’s more stringent enforcement of consumer protection laws in Italy—often applied more strictly than the provisions of the EU directives that these laws implement—as well as increased intervention by the Authority in specific areas, such as credit card surcharges and breaches of transparency obligations in influencer marketing.
This trend can have significant implications for businesses operating e-commerce platforms accessible to Italian consumers or engaging in influencer marketing practices within Italy.
Content curated by Avv. Silvia Mondini and Avv. Francesca Milani.