ITALY Law and Practice Contributed by: Massimo Tavella, Jacopo Ciani and Barbara Mazzi, Tavella Avvocati Associati
3.3 Dark Patterns In the EU, dark patterns are prohibited under several key regulations. Effective since 2024, the Digital Ser - vices Act (DSA) explicitly bans dark patterns in online platforms. Article 25 prohibits online interfaces that deceive or manipulate users, impairing their ability to make informed decisions. This includes tactics like fake urgency, disguised ads and emotional manipula - tion. The DSA applies to Very Large Online Platforms and search engines, with penalties for non-compli - ance. In Italy, there is no specific law against dark patterns. Dark patterns that lead to “forced consent” or “bundled consent” are prohibited under the General Data Protection Regulation (GDPR). In addition, the European Data Protection Board published Guidelines 3/2022 encouraging the adoption of “legal design” practices to prevent the use of dark patterns, pro - moting user interfaces that respect users’ rights and facilitate informed decisions. This framework might be complemented with the upcoming Digital Fairness Act (DFA) expected in the third quarter of 2026. 3.4 Sponsor Identification and Branded Content In Italy, sponsor identification rules demand that adver - tising be clearly recognisable to avoid misleading con - sumers. Branded content must include disclosures, and hidden ads are forbidden under both consumer law and the IAP Code. The IAP Digital Chart gives specific guidance for online and influencer market - ing, requiring hashtags or labels like “adv” or “spon - sored” to signal paid partnerships, which should be used even when the platform provides specific tools. 3.5 Special Rules for Native Advertising Native advertising in Italy is admitted, but only if it is immediately recognisable as commercial communica - tion. Rules require clear separation (with clear state - ments and visual clues) from editorial or entertain - ment content, avoiding any misleading impression of neutrality. The IAP Code and consumer law prohibit disguising promotional messages as journalism. For online content, the IAP Digital Chart provides guidance on transparency, requiring visible labels like “adver - tising” or equivalent markers to ensure consumers understand the commercial nature of the content.
Highway Code in 2024. Violations can lead to the removal of the offending material and revocation of advertising authorisations. The IAP Code establishes that “Marketing commu - nication should respect human dignity in every form and expression and should avoid any form of discrimi - nation, including that of gender”. The jury has inter - vened in cases where advertisements perpetuate gen - der stereotypes or trivialise roles based on outdated gender norms. For instance, it halted campaigns that depicted women, focusing primarily on their beauty. 3.2 Children In Italy, advertising to children is strictly regulated to protect their vulnerability and safe development. The Italian Consolidated Law on Audiovisual and Radio Media Services (TUSMAR), established by Legislative Decree No 208 of 8 November 2021, includes specific provisions aimed at protecting children in audiovisual communication by limiting their exposure to commer - cial breaks and inappropriate or harmful advertising and commercial content (eg, gambling, alcoholic bev - erages). The IAP Code at Article 11 establishes that messages should avoid contents that could cause psychological, moral or physical harm, and should not exploit the credulity, inexperience or sense of loyalty of children or young people. In particular, marketing communication must not lead them to act dangerously or violate generally accepted rules of social behaviour. It should not suggest that the lack of possession of the promoted product means either inferiority or parents’ failure to fulfil their duties. Marketing communication must not include a direct exhortation to children to buy the promoted product. The portrayal of children and young people in market - ing communication must avoid playing on the natural sentiments of adults towards the young. Depictions of children, or persons resembling children, engaged in or seeming to engage in sexually explicit conduct are forbidden. Marketing communication for food prod - ucts and beverages directed to children, or to which they might be exposed, is subject to specific guide - lines, which forms an integral part of the Code.
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