Legislative Decree no. 26 of 7 March 2023 introduced several changes to the Italian Consumer Code, including:
- The increase of the maximum administrative sanctions imposable by the Competition and Market Authority (AGCM) in the event of unfair commercial practices from 5 to 10 million euros (see art. 27 co. 9 cod. consumer code).
- The extension of this sanctioning regime (administrative sanction from 5,000 to 10,000,000 euros) also to unfair clauses in B2C contracts, previously “sanctioned” with only the nullity of protection (see art. 27 co. 9 of the consumer code).
Lately we are witnessing a massive application by the Italian Authority of the rules established to protect consumers - often even in a much more severe manner than the provisions of the EU directives of which these rules constitute the implementation - as well as an increase in interventions by the Authority in relation to some specific aspects, such as credit card surcharges and the violation of transparency obligations in the context of influencer marketing.
This may have an impact on all those companies that manage an e-commerce platform accessible to Italian consumers or implement influencer marketing practices on Italian territory.
Content by the Lawyer. Silvia Mondini and of the lawyer. Francesca Milani.
