Can a contract be made on WhatsApp?
In a ruling dated 28 January 2026, the Court of Naples addressed the form of tenancy agreements in the digital age, in this case for exclusively tourist use. The ruling establishes a clear and strict principle: such contracts must be in writing or they are void, and this requirement cannot be met by informal communications such as emails or WhatsApp messages
The decision is based on Law No. 431 of 1998, which provides that ‘the written form is required for the conclusion of valid tenancy agreements’.
Case law is unanimous in classifying this formal requirement as one required *ad substantiam*, the absence of which renders the contract null and void.
The *ratio* of this requirement stems not only from the need for transparency and the fight against tax evasion, but also from the protection of the tenant, considered the weaker party in the relationship, by guaranteeing them certainty regarding the content of the agreement
The focal point of the judgment in question is the explicit exclusion that electronic messaging cannot satisfy the requirement of written form.
The Court clarifies that emails and messages on instant messaging platforms lack the ‘legal effect of a private written document’.
The production in court of an unsigned document may, in certain cases, be regarded as equivalent to a signature, but with effect from the moment of production and subject to specific conditions, which are unlikely to be met by a fragmented exchange of messages.
In conclusion, the judgment of the Court of Naples serves as a warning to landlords and tenants of tourist accommodation. Relying on verbal agreements or informal exchanges of messages exposes one to the real risk that the contract will be deemed void, with all the consequences that entails.
In the age of instant communication, the law reminds us that for certain acts, form is not mere formalism, but substance. Better, therefore, a good old signed contract than entrusting one’s holiday to the precariousness of a blue tick.
Last update Apri 2026