Ships a mobile app, in Italy

Decreto legislativo 6 settembre 2005, n. 206 (Codice del consumo), artt. 114-127 · Read the law's page

• The Codice defines a product as any movable good and adds electricity, and whether software supplied on its own is a movable good is not settled (Art. 115(1) and (2)).
• If you make a finished product or a component, or produce a raw material, you answer as producer for the damage a defect in it causes (Arts. 114(1) and 115(2-bis)).
• If you supply a product and the producer is not identified, or the importer into the Union is not identified, tell the injured person, within three months of a written request, who the producer or your own supplier is, or you answer as the producer (Art. 116(1), (2) and (6)).
• Offer the safety that can legitimately be expected, taking account of how the product was put into circulation, its presentation, instructions and warnings, its reasonably foreseeable use and when it was put into circulation (Art. 117(1)).
• Be able to prove that you did not put the product into circulation, that the defect probably did not exist then, that it results from compliance with a mandatory rule or binding measure, or that the state of scientific and technical knowledge then did not yet allow the product to be considered defective (Arts. 118(1)(a), (b), (d) and (e), 120(2)).
• Be ready to advance the cost of a court-appointed technical expert where it is plausible that a defect in the product caused the damage (Art. 120(3)).
• Do not rely on a contract term to exclude or limit your liability to the injured person in advance (Art. 124(1)).

Legge 9 gennaio 2004, n. 4, artt. 3(1)-(2), 3-bis, 3-ter, 3-quater, 3-quinquies, 4(1)-(3) e 9(1) · Read the law's page

• If you are a private company that holds a concession for public services, a company that contracts to supply computer services, or a person that benefits from public contributions or concessions for supplying your services through information systems or the internet (Article 3(1) of Law 4/2004), make your websites and mobile applications perceivable, usable, understandable and robust (Article 3-bis(1)).
• The accessibility duties do not apply to content found only on mobile devices or mobile user programs developed for closed groups of users or for specific use and not available to or used by large segments of users, nor to extranet or intranet content published before 23 September 2019 until it is substantially revised (Article 3(2)).
• Offer services built on computer systems, including websites and mobile applications, that give access to the content of the service and make the information usable through ease and simplicity of use, efficiency, effectiveness independent of the access device, and satisfaction in use (Article 3-bis(2)).
• Apply the accessibility requirements on the basis of the guidelines of the Agenzia per l'Italia Digitale under Article 11, unless for websites and mobile applications that imposes a disproportionate burden, which you assess on the basis of those guidelines (Article 3-ter(1) and (3)).
• Supply and periodically update a detailed accessibility declaration on the conformity of your websites and mobile applications, in the model set by the guidelines, publish it in an accessible format on your website, and link to it the feedback mechanism and the procedure of Article 3-quinquies (Article 3-quater).
• Do not conclude, on pain of nullity, a contract for building or changing a website or mobile application that does not require it to meet the accessibility requirements of the Article 11 guidelines, save the disproportionate-burden case of Article 3-ter (Article 4(2)).
• Bring a contract that was in force when the Article 11 guidelines were published into line with the accessibility requirements, on pain of nullity, when you renew, modify or novate it (Article 4(2)).
• In your procedures to buy goods and supply computer services, treat the accessibility requirements of the Article 11 guidelines as necessary; disregarding them is allowed only in the cases of Article 3(2) or for a disproportionate burden, and must be adequately reasoned (Article 4(1)).
• If you receive a public contribution to buy computer goods and services for workers with disabilities or for the public, the goods and services must meet the accessibility requirements of the Article 11 guidelines (Article 4(3)).
• From 28 June 2025 Articles 3-bis(3), 3-ter, 3-quater, 3-quinquies and 4(2) and (2-bis) do not apply to you if you provide services that Legislative Decree 82/2022 governs (Legislative Decree 82/2022, Article 25(3)).

Legge 9 gennaio 2004, n. 4, artt. 3(1-bis)-(2), 3-bis, 3-ter, 3-quater, 3-quinquies, 4(1)-(2-bis) e 9(1-bis) · Read the law's page

• If you are a legal person outside Article 3(1) of Law 4/2004 that offers services to the public through websites or mobile applications and meet the turnover test of Article 3(1-bis), make your websites and mobile applications perceivable, usable, understandable and robust (Article 3-bis(1)).
• The accessibility duties do not apply to content found only on mobile devices or mobile user programs developed for closed groups of users or for specific use and not available to or used by large segments of users, nor to extranet or intranet content published before 23 September 2019 until it is substantially revised (Article 3(2)).
• Offer services built on computer systems, including websites and mobile applications, that give access to the content of the service and make the information usable through ease and simplicity of use, efficiency (including separating content, presentation and interface operation and making the information available through different sensory channels), effectiveness independent of the access device, and satisfaction in use (Article 3-bis(2)).
• Apply the accessibility requirements on the basis of the guidelines of the Agenzia per l'Italia Digitale under Article 11, unless for websites and mobile applications that imposes a disproportionate burden, which you assess on the basis of those guidelines (Article 3-ter(1) and (3)).
• Supply and periodically update a detailed accessibility declaration on the conformity of your websites and mobile applications, in the model set by the guidelines, stating the content left without accessibility because of a disproportionate burden with the reasons and any alternatives, the feedback mechanism and its link, and the link to the procedure of Article 3-quinquies; publish it in an accessible format on your website (Article 3-quater).
• Answer a notice or request made through your feedback mechanism; a user who gets no satisfactory answer within thirty days can turn to the procedure of Article 3-quinquies, in which the Digital Civic Defender decides and orders corrective measures (Articles 3-quater(2)(c) and 3-quinquies).
• Do not conclude, on pain of nullity, a contract for building or changing a website or mobile application that does not require it to meet the accessibility requirements of the Article 11 guidelines, save the disproportionate-burden case of Article 3-ter (Article 4(2)).
• Bring a contract that was in force when the Article 11 guidelines were published into line with the accessibility requirements, on pain of nullity, when you renew, modify or novate it (Article 4(2)).
• Bring the websites and mobile applications you built into line with the accessibility requirements by 5 November 2022 (Article 4(2-bis)).
• Acquiring goods or computer services that do not meet the accessibility requirements of the Article 11 guidelines, or disregarding those requirements, is allowed only in the cases of Article 3(2) or for a disproportionate burden, and must be adequately reasoned (Article 4(1), second and third sentences).
• Remove the infringements within the time limit the Agenzia per l'Italia Digitale fixes after its investigation; if you do not obey the notice, it applies a fine of up to 5 per cent of turnover (Article 9(1-bis)).
• From 28 June 2025 Articles 3-bis(3), 3-ter, 3-quater, 3-quinquies and 4(2) and (2-bis) do not apply to you if you provide services that Legislative Decree 82/2022 governs, and the fine of Article 9(1-bis) applies to you in every case for a breach of Article 24(1) of that decree (Legislative Decree 82/2022, Articles 24(1) and 25(3)).

D.Lgs. 27 maggio 2022, n. 82, artt. 1(3), 3(2)-(3), 12-14 e 25 · Read the law's page

• If you provide a consumer service listed in Article 1(3) of Legislative Decree 82/2022 (electronic communications, access to audiovisual media, the passenger transport elements, consumer banking, e-books and dedicated software, or e-commerce), design and provide it in conformity with the accessibility requirements of sections III and IV of Annex I, which the decree applies to urban, suburban and regional transport services as well (Articles 3(2) and 12(1)); the decree has effect from 28 June 2025 (Article 25(1)). These provisions implement Articles 4(1), 4(3), 4(5), 13, 14, 15 and 32 of Directive (EU) 2019/882.
• Prepare the information required by Annex IV of the decree on how the service meets the accessibility requirements, include it in your general conditions or an equivalent document, make it available to the public in written and oral form in a manner accessible to persons with disabilities, and keep it while the service is operating (Article 12(2) and Annex IV, point 1).
• If you provide an audiovisual media service, ensure where possible that it is available through more than one sensory channel (Article 12(1)).
• If your website or mobile application gives information on local public transport routes, show also the routes accessible to persons with disabilities (Article 12(3)).
• Put in place the measures needed to keep the service in constant conformity as its features, the applicable requirements and the harmonised standards or technical specifications change (Article 12(4)).
• If the service does not conform, take the corrective measures needed and inform the Agenzia per l'Italia Digitale and the national authorities of the Member States where you provide the service immediately, stating the requirements not met and the measures taken (Article 12(5)).
• On reasoned request, give the Agenzia per l'Italia Digitale and the competent authorities of the Member States the information needed to show conformity, and cooperate in the measures taken to bring the service into conformity (Article 12(6)).
• If you rely on the exceptions of Article 13(1) (a substantial modification that changes the nature of the service, or a disproportionate burden), assess them on the criteria of Annex V, document the assessment, keep the results for not less than five years from the last supply of the service, and give a copy of it on request of the Ministry or the competent authorities of the Member States (Article 13(2) and (3)).
• Renew a disproportionate-burden assessment when the service is changed, when the supervising authority asks, and at least every five years (Article 13(5)).
• Unless you are a microenterprise, inform the competent supervisory authority when you rely on Article 13(1) for a specific service (Article 13(7)); Article 13(1)(b) does not apply to an operator that receives public or private funding to improve accessibility (Article 13(6)).
• A service is presumed to conform to the accessibility requirements that harmonised standards published in the Official Journal of the European Union cover when it conforms to them or to parts of them, and to the requirements that technical specifications cover when it conforms to those specifications or parts of them (Article 14(1) and (2)).
• A transport service that meets the accessible-information requirements of Regulations (EC) 261/2004, 1107/2006, 1371/2007, 1177/2010 and 181/2011 and of the acts under Legislative Decree 57/2019 is deemed to conform to the corresponding requirements of the decree, unless the decree sets further requirements that it must then also meet (Article 4(1)).
• The decree does not apply to pre-recorded time-based media or office file formats published before 28 June 2025, online maps and mapping services (where navigation maps give essential information in an accessible digital mode), third-party content you neither fund, develop nor control, or archive content not updated after 28 June 2025 (Article 1(5)).
• Contracts for services concluded before 28 June 2025 may continue unchanged until they expire, for not more than five years from that date, and until 28 June 2030 you may keep providing your services using products you lawfully used before that date to provide similar services (Article 25(1)).
• Self-service terminals lawfully used before 28 June 2025 may stay in use for similar services until the end of their economically useful life, for not more than twenty years from entry into use (Article 25(2)).

D.Lgs. 27 maggio 2022, n. 82, artt. 21 e 24 · Read the law's page

• If a service listed in Article 1(3) of Legislative Decree 82/2022 is found non-conforming, take the corrective measures the Agenzia per l'Italia Digitale requires within the reasonable and proportionate period it sets (Articles 21(1) and 21(4)); the decree has effect from 28 June 2025 (Article 25(1)). Articles 21 and 24 implement Articles 23 and 30 of Directive (EU) 2019/882.
• If you do not take the corrective measures in time, the Agency sets a reasonable period to block the specific service and, where necessary, to withdraw the mobile application from the store, or adopts measures inhibiting use of the service; the measures are revoked if you comply (Article 21(1)).
• Cooperate with the Agency, and give it the information it requests, in the activities of Article 12(5) and the last sentences of 13(3) and 13(4); a failure to cooperate is fined, save a reasoned refusal where the information could expose you to punitive administrative sanctions or a criminal offence (Article 24(3)).
• Where you are a legal person within Article 3(1-bis) of Law 4/2004, the fine of Article 9(1-bis) of that Law applies to you in every case (Article 24(1), second sentence).

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).