Legislative Decree as of March 7, 2023 no. 26 implementing the EU Directive 2019/2161 into force.

Legislative Decree No. 26 of March 7, 2023, implementing EU Directive 2019/2161 (so-called. "Omnibus Directive"), has been published in the Official Gazette of March 18, 2023.

The decree introduces new regulatory provisions to strengthen consumer protection (especially in the context of digital transactions) in the case of unfair terms, unfair commercial practices, unfair competition or untruthful commercial communications, and operate a revision of the sanctioning system in order to ensure maximum harmonization at the European level in consumer protection, also adapting the regulatory provisions to the evolutions especially of business models and online transactions.
 
The main innovations introduced concern:

• transparency of information towards consumers: in particular, online platforms and marketplaces will have to indicate the parameters of the positioning of search results on products and services; they will have to guarantee the genuineness of reviews (obligation also valid for sharing platforms); in announcements of price reductions of a product, the lowest price practiced by the professional in the previous 30 days will also have to be indicated;
• unfair commercial practices, which are supplemented with the provision of specific conduct and the introduction of a new typology qualifying as a misleading practice in the case of promotion of a good, in one member state, as identical to a good marketed in other member states, although significantly different in composition or characteristics (so-called dual quality); 
• the sanctioning regime is modified with the increase from 5 to 10 million euros of the maximum penalty imposed by the Competition and Market Authority (AGCM) in case of unfair commercial practice; the maximum penalty that can be imposed by the Union will be equal to 4% of the turnover achieved in Italy or in the member states involved for cross-border or widespread violations; the increase to 10 million euros of the penalty by the AGCM for non-compliance with emergency measures and injunctions or removal of the effects and commitments undertaken.
• harmonized sanctions at the European level are also introduced in the event that a professional uses terms defined as unfair. In addition, aggrieved consumers will also be able to bring actions before the ordinary courts in order to obtain proportionate and effective remedies, including compensation for the damage suffered, and finally, greater protections are introduced for sales during unsolicited visits or organized excursions with the increase of the right of withdrawal from fourteen to thirty days.