ItalyDecreto legislativo 70/2003 (E-Commerce Decree), Articles 8, 9 and 21, Commercial Communications and Unsolicited Email
Decreto legislativo 9 aprile 2003, n. 70, artt. 8, 9 and 21
In force since .
A commercial messages rule binding private bodies.
- Obligation class
- Disclosure
As of .
What it requires
- Make every commercial communication that is an information society service, or an integral part of one, state from the first sending, clearly and unequivocally, that it is a commercial communication, the natural or legal person on whose behalf it is sent, that it is a promotional offer (a discount, prize or gift) and its conditions of access, and, for promotional contests or games where permitted, their conditions of participation.
- Identify an unsolicited commercial email clearly and unequivocally as such from the moment the recipient receives it, and state that the recipient can object to receiving such communications in future.
- Be ready to prove that a commercial communication was solicited: the burden of that proof is on you as the provider.
If you get it wrong
Penalty structure
Article 21(1) sets an administrative fine of EUR 103 to EUR 10,000 for violations of Articles 7, 8, 9, 10 and 12, unless the act is an offense. Article 21(2) doubles the minimum and maximum limits in cases of particular gravity or of recidivism.
- Rule
- Fixed only
- As of
- Minimum
- 103
- Currency
- EUR
- Fixed cap
- 10,000
Who enforces it
Enforcement body
The administrative police bodies, which Article 21(3) charges with ascertaining the violations; the report of the finding is presented to the Ministry of Productive Activities named in the text.
What this law does
Article 8(1) requires commercial communications that constitute an information society service, or form an integral part of one, to contain from the first sending, clearly and unequivocally, specific information showing that it is a commercial communication, the natural or legal person on whose behalf it is made, that it is a promotional offer such as discounts, prizes or gifts and the conditions of access, and, for promotional contests or games where permitted, their conditions of participation.
Article 9(1) requires unsolicited commercial communications that a service provider sends by email to be identified clearly and unequivocally as such from the moment the recipient receives them and to state that the recipient can object to receiving such communications in future. Article 9(2) places on the provider the burden of proving that a commercial communication was solicited.
Article 21(1) punishes violations of Articles 7, 8, 9, 10 and 12, unless the act is an offense, with an administrative fine of EUR 103 to EUR 10,000. In cases of particular gravity or of recidivism, Article 21(2) doubles the minimum and maximum limits of that fine. Under Article 21(3), the administrative police bodies ascertain the violations, and the report of the finding is presented to the Ministry of Productive Activities named in the text.
When LexLint raises it
When your app profile says your app sends automated outreach.