ITALY Law and Practice Contributed by: Massimo Tavella, Jacopo Ciani and Barbara Mazzi, Tavella Avvocati Associati
and accompanied by rules and a security deposit. The difference is that no official oversight of the awarding mechanism is required, since winners are determined solely by ability or creativity. The ministry has made available an online portal to simplify such procedures. 7.4 Free and Reduced-Price Offers In Italy, free or reduced-price offers are regulated by the Consumer Code and the IAP Self-Regulation Code, which require clarity and transparency. The terms and conditions of the offer, any restrictions and the duration must be clearly stated, avoiding mislead - ing practices or hidden costs. 7.5 Automatic Renewal/Continuous Service Offers Offers with automatic renewal are mainly regulated by the Consumer Code: Article 33 et seq. These govern distance contracts and ongoing services, requiring consumers to give their express and informed con - sent, to be aware of the duration of the contract, the costs and the terms of withdrawal. Articles 52 and 53 implement European Directive 2011/83/EU, guaran - teeing consumers the right to easily cancel or suspend the service without additional costs. The IAP Code of Conduct requires transparency and fairness in the communication of offers with automatic renewal. 8. Artificial Intelligence 8.1 AI and Advertising Content The use of artificial intelligence in the development of advertising content is regulated by: • the AI Act, a European regulation that establishes transparency and accountability requirements for the use of AI; • Draft Law 1146/2024, an Italian legislative initiative to align national legislation with the AI Act; and • the IAP Code of Conduct, which are guidelines to ensure ethical advertising practices in the use of AI. 8.2 AI-Related Claims Statements related to the use of artificial intelligence in the development of advertising content must comply
with the regulations set out in the Consumer Code and the Code of Conduct for Commercial Communica - tions. It is essential that such statements are truthful, clear and not misleading, providing adequate infor - mation on how AI is used in the product or service offered. 8.3 Chatbots The use of chatbots is regulated by a regulatory framework that includes the GDPR and the AI Act, with specific guidelines for the public administration. It is essential that companies and institutions using chatbots comply with these regulations, ensuring transparency, personal data protection and respect for users’ rights. 9. Web 3.0 9.1 Cryptocurrency and Non-Fungible Tokens (NFTs) The IAP has updated its guidelines for advertising crypto-assets, in accordance with EU Regulation 2023/1114 (MiCA), which establishes a regulatory framework for crypto-assets in the European Union. Marketing communication concerning crypto-assets must provide clear, complete, accurate and up-to-date information about the nature of the offer, the charac - teristics of the goods or services offered, including whether they can be traded on platforms, how they operate and the associated risks (eg, price volatility and cyber risks). Marketing communications must contain the warning that these are assets whose purchase and subsequent deposit may result in the loss of all the funds invested and inform that the message has not been reviewed or approved by any competent authority in any member state of the EU. They must not present crypto-assets as a solution to personal or financial problems, must not represent them as a way to improve one’s financial and economic situation, must not suggest that they offer an opportunity for success or life change, and must avoid creating false or disproportionate expec - tations, nor minimise or trivialise the risks associated with these assets, thereby creating a sense of over - confidence in the solutions offered. The MIMIT has clarified in its FAQ No 30 that offering cryptocurrency
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