ITALY Law and Practice Contributed by: Massimo Tavella, Jacopo Ciani and Barbara Mazzi, Tavella Avvocati Associati
6.5 Marketing to Children Collection and use of minors’ data is only permitted with specific safeguards. For online services, consent is valid from the age of 14 upwards. Below this thresh - old, parental consent is required. Privacy policies must be clear and understandable to minors, and the use of their data for marketing or profiling is considered high risk. In the event of violations, companies may face penalties of up to EUR20 million or 4% of turnover, the blocking of activities by the Data Protection Author - ity and claims for compensation; in the most serious cases, criminal liability may also apply. 6.6 Other Rules Beside rules already mentioned, there are specific rules for health or particularly sensitive data (Article 9 GDPR and provisions of the Data Protection Author - ity). The use of these categories of data for advertising purposes is generally prohibited. There is also legisla - tion on copyright and the use of images (Article 10 of the Italian Civil Code and Law 633/1941), which pro - tects personal data related to visual identity (photos used for advertising purposes without consent). 7. Sweepstakes and Other Consumer Promotions 7.1 Sweepstakes and Contests Sweepstakes and contests ( manifestazioni a premio ) are heavily regulated under DPR No 430/2001, as interpreted by the circulars and the frequently asked questions first issued by the Ministry of Economic Development on 30 March 2017 (the “FAQs”). The FAQs were most recently amended by the Ministry of Enterprises and Made in Italy (MIMIT) on 18 January 2023. Competitions must be notified in advance to the MIMIT, and organisers usually have to lodge a secu - rity deposit to guarantee the prizes. Rules require that participation be free, aside from normal participation costs (such as ISP connection costs), and that terms and conditions of the contest are clear, complete and accessible. Prizes must be awarded as promised, with no unjustified delays. Random draws must be certi - fied or conducted under official supervision to ensure fairness. Foreign companies targeting Italian residents must also comply if the contest is promoted in Italy. Consumer law and the IAP Code add that promotional
messages must avoid misleading claims about chanc - es of winning or prize value. 7.2 Contests of Skill and Games of Chance Italian law differentiates between games of skill and games of chance based on the degree to which skill influences the outcome. Games of skill are legally rec - ognised and regulated, allowing for legal monetary play under specific conditions, while games of chance are more heavily regulated and often subject to the authorisation of the Italian customs and monopolies agency. Games of chance (or sweepstakes) rely on luck and can be legally played for money, provided they are organised by licensed operators and comply with specific regulation, requiring security deposits. By contrast, contests of skill are exempt from some of these requirements. A contest of skill is defined as one in which the outcome and the awarding of prizes depend exclusively on the participant’s per - sonal ability, knowledge, creativity or talent. Examples include quizzes, writing or photography competitions, other challenges where winners are selected based on objective criteria or jury evaluation, or even sim - ple actions such as completing an online survey. If chance plays any role, however minimal, the initia - tive is reclassified as a game of chance, triggering stricter regulatory controls. Advertising for games of skills is allowed, provided it complies with specific regulations. Gambling advertising was banned in 2018 under the Dignity Decree. The law was intended to curb problem gambling but has faced criticism for driving players toward unlicensed operators that fall outside of regulatory oversight. 7.3 Registration and Approval Requirements The key body is the MIMIT, which supervises compli - ance with Presidential Decree No 430/2001. For games of chance, organisers must submit a prior notice to the Ministry at least 15 days before launch, deposit security equal to the total prize value, and file the official terms and conditions that shall be made public. Draws must be conducted in the presence of a notary or chamber of commerce official to certify fairness. Contests of skill are treated more lightly, but if prizes are awarded, they must still be notified to the Ministry
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