Commercial

Italy adopts new rules on digital platforms and abuse of economic dependence

The recent annual Italian law for the market and competition 2021 (Law No. 118/2022 – “2021 annual competition law”) has – among other things – supplemented Article 9 of Law 192/1998 with new provisions concerning the abuse of economic dependence by digital platforms. Among the novelties are a rebuttable presumption of economic dependence for digital …

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Milan Fashion Week and Fashion Law Trends: Fashion in the Metaverse – a New Era for Brands

From updating retail experiences, to wearable technology, innovation is continuously inspiring and influencing trends and fashions. Also, following Facebook rebranding into “Meta” in late 2021, the term “Metaverse” definitely entered the common vocabulary and fashion brands are continuously seeking to conquer this new innovative world.

The logistics services contract is now expressly regulated in the Italian Civil Code: the new Section 1677-bis

by Giacomo Lusardi and Nicoletta Iurilli The Italian rules on service contracts (appalto) have recently been supplemented with Section 1677-bis of the Italian Civil Code, introduced by Section 1, paragraph 819, Law No. 234 of December 30, 2021, and then replaced by Section 37-bis, Decree Law No. 36 of April 30, 2022, converted with amendments …

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Milan Fashion Week and Fashion Law Trends: Textile Waste and Circular Fashion

By Arianna Angilletta and Chiara D’Onofrio Nowadays, the textile sector represents the second most polluting industry in the world after the oil industry and is responsible for 20% of global water waste – due to the various processes the products undergo such as dyeing and finishing – and 10% of carbon dioxide emissions (more than …

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Agriculture 4.0 and data sharing: what’s up?

As technology and innovation are nowadays central to all economic activities, also the most ancient one, agriculture, is opening its doors to let the digital transformation come through. Some refer to this phenomenon as to Agriculture 4.0, while others prefer the definitions of Ag-tech or Digital Agriculture. What is sure, is that the big revolution …

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Cheating in Esports tournaments – legal arguments for discouraging bad players

by Giulio Coraggio, Vincenzo Giuffrè and Micaela Jerusalmi The Esports market has been booming over the last years and the recent Covid-19 strict regulations impacting the sports sector and imposing social distancing have greatly increased the focus on Esports competitions so far. Even with this scenario, the legal challenges for global Esports online platforms and …

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Il TAR Lombardia non ha sospeso l’E-commerce

by Giacomo Lusardi and Alessandro Ferrari In queste ore si legge su varie testate online, più o meno autorevoli, che il TAR della Lombardia avrebbe “bocciato” l’ordinanza della medesima regione dello scorso 11 aprile 2020, per aver esteso l’e-commerce anche ai beni che non rientrano tra quelli essenziali o strategici di cui all’Allegato 1 del …

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New regulatory requirements: impact on outsourcing / IT contracts

The so called Tax Decree (Law no. 157/2019 of 19 December 2019 implementing Law Decree no. 124/2019) introduced new regulatory requirements for services agreements that will have an impact on outsourcing and IT contracts as well as on those contracts where a considerable amount of manpower is utilized (e.g. logistics, maintenance services, etc.). The new …

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Nuovi obblighi in tema di appalti

Il c.d. Decreto Fiscale (Decreto Legge. n. 241/1997 convertito con Legge n. 157/2019) ha introdotto sostanziali novità in tema di appalti. Si tratta di una riforma che richiede immediata attenzione per le conseguenze sanzionatorie in capo a committente e appaltatore nonché modifiche ai contratti in essere e da stipulare e l’adozione di nuove procedure interne. …

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FinTech: Who is responsible if AI makes mistakes when suggesting investments?

The recently reported legal action brought for damages due to wrong investments resulting from algorithms-based automated decision-making processes is one of the first known cases of this type. The case has received some attention from the media worldwide and has contributed to reopen the debate on the issue of liability connected to the use of Artificial Intelligence systems (“AI”). The question at issue is, in brief: who is held liable for the damages caused by AI and who shall compensate such damages, if any.

The Pros and Cons of the new EU Geo-Blocking Regulation

Everyone knows that State frontiers were a serious challenge to the exchange of products and services within the European Union. Then, after reaching the so-called Schengen acquis, Member States managed to tear down internal borders and ensure a well-functioning circulation of products over the Union. The new EU Geo-Blocking Regulation is a further step towards the freedom of services throughout the European Union.

#Adv or not #Adv? This is the question.

On 26 June 2018, the Italian Advertising Authority (IAP) took a step further on online advertising and issued one of its first decisions based on the Digital Chart and art. 7 of the Advertising Self-Regulatory Code (the “Code”). The case was about some Instagram Stories and a picture published by the Italian singer Fedez on …

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Influencers: from the spotlight to the eye of the storm!

Influencers and brands have no way out: advertising shall be clearly recognizable as such and this true also with regard to any communication addressed to the netizens. Following FTC and ASA’s guidelines, this topic has been also into the Italian Authorities’ sights lately and several actions have been taken to regulate the phenomenon of influencer …

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New deal for consumers #2: online platforms should be transparent!

As mentioned in our previous post, the European Commission has recently launched the “New Deal for Consumers”, a new package of initiatives aimed at strengthening consumer rights and harmonizing consumers laws across the European Union. This article is just the first piece of a puzzle of posts that we will publish on the main innovations …

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