ITALY Law and Practice Contributed by: Massimo Tavella, Jacopo Ciani and Barbara Mazzi, Tavella Avvocati Associati
6. Privacy and Advertising 6.1 Email Marketing
parency in commercial communications and person - alised advertising. The Consumer Code prohibits mis - leading or unfair practices, while the GDPR requires that consent to the use of personal data for targeting purposes be freely given, informed and unambiguous. 5.4 Requirements for Use of Social Media Platforms In Italy, the use of major social media platforms is gen - erally permitted, but subject to specific regulations concerning data protection, advertising transparency and the protection of minors. No platforms are offi - cially banned by law, but all must comply with Italian and European rules. 5.5 Influencer Campaigns and Online Reviews 5.5.1 Special Rules/Regulations on Influencer Campaigns In addition to general regulations such as the IAP Code, Consumer Code and GDPR, the new AGCOM Guidelines and Code of Conduct relating to influencer marketing are also noteworthy. 5.5.2 Advertiser Liability for Influencer Content According to the Consumer Code (Legislative Decree 206/2005, Articles 20–22), unfair or misleading com - mercial practices are prohibited, and those who ben - efit from the promotion (ie, the advertiser) may be held jointly liable if the content is misleading. Furthermore, the Code of Self-Regulation in Commercial Commu - nication (IAP) establishes that advertisers have a duty to ensure transparency and fairness by monitoring influencers’ content and ensuring that any commercial relationships are clearly indicated (#adv, #sponsored). 5.5.3 Consumer Reviews Consumer reviews must be authentic, transparent and not misleading. Advertisers are responsible for reviews published on their websites or channels, even if generated by users, and are required to monitor and moderate them to avoid violations of the Consumer Code, GDPR and IAP/AGCM guidelines.
Given the applicability of the GDPR, promotional emails generally require the recipient’s prior consent, freely given, specific, informed and verifiable. Pre- ticked boxes or implied consent are not valid. Each email must clearly identify the sender, include an easily accessible unsubscribing mechanism (opt-out), and provide notice about the processing of personal data, usually via a link to the privacy policy. 6.2 Telemarketing In Italy, telemarketing is regulated by the Consumer Code (Legislative Decree 206/2005), the Privacy Code and GDPR (EU Regulation 2016/679 and Legislative Decree 196/2003) and the Opposition Register, a ser - vice managed by the Ministry of Economic Develop - ment to block unwanted advertising calls. Violation of these rules may result in administrative penalties, civil liability and, in serious cases, criminal liability. 6.3 Text Messaging Text messages (SMS, WhatsApp and similar mes - saging for commercial or promotional purposes) are governed by specific rules, mainly related to personal data protection legislation and electronic communica - tions regulations. In such cases, companies risk pen - alties of up to EUR20 million or 4% of their annual turnover, in addition to having their activities blocked by the Data Protection Authority and being obliged to compensate those affected; in serious cases, there may also be criminal liability. 6.4 Targeted/Interest-Based Advertising Advertising targeting and retargeting are only per - mitted with the user’s explicit and informed consent, especially when cookies or other tracking techniques are used. Companies must provide clear information and allow consent to be withdrawn at any time. In addition to the GDPR and the Privacy Code, self- regulatory codes such as the IAP and the European AdChoices standard apply, which aim to ensure trans - parency and control for users.
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