.svg "Logo White")
Law No. 88/2009 Italy
Overview
Italy's Law No. 88 of July 7, 2009, implements EU directives concerning various matters, including transparency obligations for businesses, the coordination of national provisions relating to the internal market, and restrictions on certain regulated activities. A significant part of the law aims to align national laws with European legislation, particularly in the areas of gambling, taxation, and company obligations. Italy's Law No. 88/2009 places obligations on companies to disclose legal and financial information on their websites and includes sector-specific requirements, especially for gambling operators. While it does not introduce universal age gating or privacy rights, it requires licensed operation and may restrict site visibility based on jurisdiction. Website owners must publish detailed company information, particularly if operating in regulated sectors like gambling or finance.
Regulation Summary
Timeline
- 7 July 2009: Law No. 88/2009 officially adopted.
- 15 August 2009: Most provisions entered into force.
What Businesses Are Affected
- Companies operating in regulated sectors such as gambling, financial services, and e-commerce.
- Businesses incorporated in Italy or providing services within the Italian market.
- Foreign businesses targeting Italian consumers, particularly in sectors covered by EU internal market regulations.
Exemptions
- Internal-only services or B2B services not directed at the public may be excluded from some obligations.
- Non-commercial personal websites are generally not subject to business-specific disclosure obligations.
Responsibilities for Businesses
- Transparency Requirements: Publish legal name, office address, registry number, REA code, and share capital on the website and communications.
- Tax and Financial Reporting: Maintain accurate books, submit reports, and follow EU-aligned tax rules.
- Sector-Specific Compliance: Obtain licenses, report to ADM (Agenzia delle Dogane e dei Monopoli) or AGCOM (Autorità per le Garanzie nelle Comunicazioni), and follow advertising and safety rules. Gambling sites may need technical monitoring.
- Jurisdictional Compliance: Restrict services where not authorized, using tools like IP blocking or geo-fencing.
- Monitoring and Documentation: Keep compliance records and prepare for audits. Non-compliance can lead to fines or site blocking.
Specific Responsibilities for Website Owners
- Mandatory Website Disclosures: Article 42 of Law No. 88/2009 requires businesses to publish key company information on their websites, including:
- Legal name
- Registered office
- Registration details in the company register (Registro delle Imprese)
- REA (Economic and Administrative Index) code
- Share capital (fully paid-up or not)
- Gambling Sector Restrictions: Operators must hold appropriate licenses and may be required to geo-block accessto comply with jurisdictional rules. Displaying gambling services without Italian approval can lead to legal consequences.
Additional Requirements
- Sanctions: Non-compliance with business disclosure requirements or operating without a proper license—particularly in the gambling sector—can lead to administrative penalties and potential website blocking.
- Sectoral Limits: Specific sectors like gambling, finance, and broadcasting are subject to enhanced regulatory oversight, including licensing and reporting obligations.
Individual Rights
-
The law does not deal directly with data protection.
Enforcement
- Supervisory Authorities: Sector-specific authorities (such as ADM for gambling or AGCOM for communications) monitor compliance.
- Penalties: Administrative fines vary by sector and type of violation, with the possibility of website suspension or blocking for unlicensed activities.
Questions?
If you would like to learn more, our compliance experts are happy to support you.
Leave us a Message