Somewhat later than planned, but since the beginning of this year, there are more consumer protections in Italy as well as throughout the European Union. The reference legislation is EU Directive 2161 of 2019.
As consumers but also as businesses and professionals, who sell goods or give services to consumers, it should be noted that:
(a) The 14-day period for exercising withdrawal in the case of 'distance' contracts is extended to 30 days. Among other things, it is possible to waive this right, but it must be done very explicitly.
- b) For extraordinary sales, sales and discounts, also and especially online, the previous 30 days' lower price must also be clearly indicated.
Companies and professionals, in addition to the above, must bear in mind that:
(c) new cases of unfair commercial practices have been introduced and the cases of 'abusive' clauses have been extended. They will no longer be valid, even if approved by consumers at the time of signing the contract, and even if they have been double-signed.
Professionals and companies will therefore have to review their policies and especially their general terms and conditions of sale, including online. Indeed, it must be said that even the mere use of abusive clauses exposes them to heavy penalties.
- d) The sanctions imposed by the Competition and Market Authority have been increased, in particular, in the event of non-compliance with the measures of the same authority.
An interesting new provision is that businesses and professionals have the right to apply to the Competition Authority with regard to the contractual clauses they wish to include in consumer contracts
As consumers we can buy with greater confidence, as businesses and professionals we must be more aware of what is allowed and what is not allowed, in dealings with consumers.
last update April 2023