ITALY Law and Practice Contributed by: Stefano Sbordoni, Sbordoni & Partners
Before carrying out account-opening, top-up or payout operations above certain thresholds (eg, EUR1,000 for many operators), customer data must be collected. Thresholds may vary depending on the type of game, whether it is retail or online, and the associated risk (eg, online gaming accounts require enhanced verification). STRs must be submitted through the ADM/online AML reporting system for the gaming sector. Record-keeping and reporting obligations are also subject to inspection and verification by the ADM and the UIF. Gambling advertising and sponsorship are prohibited in Italy pursuant to the Dignity Decree (see 9.3 Key Legal, Regulatory and Licensing Provisions ). The public bodies responsible for enforcing the ban on gaming advertising in Italy are: • AGCOM, which monitors and sanctions prohibited advertising; • the GdF, which investigates and represses illegal advertising involving economic and financial impli- cations; • the ADM, which can report violations and super- vises concessionaires; • the Postal Police Unit, which carries out digital controls (web, social media, influencers); • the Judicial Authority, which intervenes if the advertising involves criminal offences; and • the Ministry of Business and Made in Italy ( Minis- tero delle imprese e del made in Italy , or “MIMIT”), which provides general regulatory support. 9.2 Definition of Advertising 9. Advertising 9.1 Regulatory/Supervisory Agency According to AGCOM resolutions (132/19/CONS, 23/20/CONS, 250/21/CONS, etc), advertising is any form of commercial communication ‒ even indirect or implicit ‒ aimed at promoting games with cash prizes or their use, even when it does not contain an explicit invitation to gamble.
Advertising in the gaming industry includes: • direct communication (commercials, banners, videos, posters); • indirect communication (brand exposure, logos, graphics, merchandising); • covert communication (product placement, influ- encer marketing); and • content that is not explicitly promotional but capa- ble of encouraging gambling. Therefore, even brand exposure ‒ if not merely neutral – can be considered advertising. 9.3 Key Legal, Regulatory and Licensing Provisions The total ban on advertising for gambling with cash prizes was established by Article 9 of the Dignity Decree. It applies to all media (TV, radio, print, web, social media, events, influencers) and covers all forms of advertising, even indirect. Since 1 January 2019, sports sponsorships by gaming The advertising ban referred to in 9.3 Key Legal, Reg- ulatory and Licensing Provisions covers ‒ pursuant to Article 9 of the Dignity Decree and the AGCOM Guidelines – any form of commercial communication that might encourage gambling, promote an operator (including the ADM), foster brand awareness related to gambling, or communicate bonuses, offers, odds, or welcome bonuses. operators have also been prohibited. 9.4 Restrictions on Advertising The ban applies without exception to any time slot or media category. The ban includes all advertising channels, including TV, radio, print media, websites, blogs, news portals, social media, sports sponsor- ships, banners, pop-ups, keyword advertising, SEM/ SEO for gambling, influencer marketing, podcasts, streaming, email marketing, SMS, and push notifica- tions. Only purely informative content is permitted, provided it is neutral, free of invitations to play, does not contain tracked links, and does not mention bonuses, odds or promotions. By way of example, information on ADM
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