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In-depth information to be found in the Cross-border Ecommerce Report- Italy
Ecommerce, privacy and data protection in Italy are regulated by different laws, which will be presented in the information below. It will include also law information of consumer protection, digital signature, custom and duties.
Ecommerce, privacy and data protection in Italy are regulated by different laws, which will be presented in the section below. It will include also law information of consumer protection, digital signature, customs and duties.
Privacy and Data Protection
The collection and use of personal data in Italy is governed in line of principle by the Data Protection Code (Legislative Decree No. 196 of June 30, 2003, “the DPC”), which was enforced on January 1, 2004. The DPC provides a number of principles and codes of conducts for the elaboration, processing and storage of personal data, taking into account also particular instances and eventual specific purposes for the gathering of such data (e.g. in case of media, scientific or historical purposes). The DPC also sets the minimum-security measures, which are requested for the protection of personal data, in particular in case of electronic processing of data. A closing appendix of the Code also sets the specific provisions related to the processing of personal data for juridical or public security reasons.
Consumer protection in Italy (including product liability and advertisement) is mainly regulated by the Consumer Code (Legislative Decree no. 206 of 6 September 2005, as amended by the Legislative Decree no. 21 of February 21, 2014, implementing the New European Directive on consumer rights - 2011/83/EC), which applies also to ecommerce services.
Digital Signatures and Authentication
In Italy, the Digital Signature was introduced for the first time by article no.16 of Regulation no. 513 of 1997, and is now regulated by the Digital Administration Code, which provides for the recognition of equal rights and prerogatives between an electronically-signed document (as defined) and the equivalent paper document signed by the relevant authors. With regards to the principles of proof, under article no. 2703 of the Civil code, electronically-signed documents provide full evidence.
Custom and Duties
Import duty and taxes are due when importing goods into Italy from outside of the EU, whether by a private individual or a commercial entity. The import duty and taxes payable are calculated on the value of the imported goods, plus the cost of importing them (shipping and insurance). The standard VAT rate for importing items into Italy is 22%, with a few exceptions, attracting VAT at reduced rates of 10% or 4%. VAT is calculated on the value of the goods, plus the international shipping costs and insurance, plus any import duty due.
More in-depth information (including sources) about ecommerce law, privacy and data protection, consumer protection, digital signature, custom and duties, electronic contracting, computer crime and intellectual property in Italy can be found in the Cross-border Ecommerce Report- Italy.
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