Sends automated texts, in Italy

Decreto legislativo 30 giugno 2003, n. 196, art. 130(1), (2), (4)-(6) · Read the law's page

• Obtain the consent of the subscriber or user before sending advertising or direct-sale material, market research or commercial communication by an automated calling or communication system without an operator, or by email, fax, MMS, SMS or another type of electronic message.
• If you use for direct sale of your own products or services the email contact details that a data subject gave you in the context of a sale of a product or service, you may do so without consent only for services similar to those sold and if the data subject, adequately informed, does not refuse that use, initially or on later communications. Tell the data subject at collection, and in every communication sent on that basis, that they can object at any time, easily and free of charge.
• Do not send such communications, or any communication for promotional purposes, while disguising or concealing the sender's identity, in breach of Article 8 of Legislative Decree 70/2003, without giving a suitable contact where the data subject can exercise the rights in Articles 15 to 22 of the GDPR, or by urging recipients to visit websites that breach that Article 8.

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).