Tracks devices, in Italy

Decreto legislativo 30 giugno 2003, n. 196, art. 122 · Read the law's page

• Before you store information on a subscriber's or user's terminal device, or access information already stored there, obtain their consent after informing them through the simplified procedures that the Garante sets.
• You need no consent for technical storage or access whose sole purpose is to carry out the transmission of a communication over an electronic communications network, or to the extent strictly necessary for you to supply an information society service that the subscriber or user explicitly requested.
• You may collect consent through specific software or device configurations that are easy and clear for the subscriber or user to use.
• Do not use an electronic communications network to access information stored in a subscriber's or user's terminal equipment, to store information or to monitor the user's operations, except as the consent rule permits.

Schema di decreto legislativo recante attuazione della direttiva (UE) 2024/2853, Atto del Governo n. 434 · Read the law's page

• The draft treats software as a product, except free and open-source software that you develop or supply outside a commercial activity (Art. 115(2)(d) as proposed).
• If you develop, produce or make a product, software included, or have it designed or made, or present yourself as its manufacturer by putting your name, trade mark or another distinguishing feature on it, you answer as its manufacturer for the damage a defect in it causes (Arts. 115(3)(i) and 116(1)(a) as proposed).
• Keep supplying the software updates and upgrades needed to maintain safety while the product is under your control: a defect due to software, a related service or a missing safety update is not excused because it arose after you placed the product on the market (Art. 118(2) as proposed).
• Meet the product safety requirements that apply to your product, cybersecurity requirements relevant to safety included: they count in deciding whether it is defective (Art. 117(2)(f) as proposed), and failing a mandatory safety requirement meant to protect against the damage suffered presumes it defective (Art. 120(2)(b) as proposed).
• Account for what your product learns or acquires after release: the effect of its ability to keep learning or to acquire new functions is weighed in deciding whether it is defective (Art. 117(2)(c) as proposed).
• Be ready to produce the relevant evidence you hold when a court orders it on a plausible claim: failing to do so presumes the product defective (Arts. 119(1) and 120(2)(a) as proposed).
• If you manufacture outside the Union, the importer, your authorized representative or, failing both, the logistics service provider answers for the product alongside you (Art. 116(1)(c) as proposed).
• If you substantially modify a product outside its original manufacturer's control and then make it available on the market or put it into service, you are treated as its manufacturer (Art. 116(2) as proposed).
• If you distribute a product, or provide an online platform that lets consumers conclude distance contracts with traders, identify the economic operator or your own supplier within one month of the injured person's written request, or you answer for the defective product (Art. 116(3) to (5) as proposed).
• Be able to show that you did not place the product on the market or put it into service, or that it is probable the defect did not exist then (Art. 118(1)(a) and (c) as proposed).