The new Italian Consumer Code – a brief summary

From 19 June 2026, the provisions of the Consumer Code relating to remote contracts for financial services will be significantly revised. The reform transposes Directive (EU) 2023/2673 and was implemented in Italy by Legislative Decree No. 209 of 31 December 2025.

The new regulatory framework is set out in Section II-bis (Articles 59-bis – 59-terdecies) of the Consumer Code, which fully replaces the previous Section IV-bis and introduces a unified framework for distance marketing of financial services to consumers, with a strong focus on digital channels.

 

Scope of application and coordination

• Article 47 has been amended to clarify that financial services are excluded from the general rules on distance contracts only if they don’t fall within the new Section II-bis. These services are now governed by specific consumer protection rules, coordinated with sector-specific regulations (IDD, Solvency II, TUF, TUB).
• Article 59-bis defines the scope and operation of the new framework, specifying that it applies alongside the general provisions of the Consumer Code and serves to supplement sector-specific legislation (acting as a “safety net”). The provision also regulates cases where initial agreements are followed by subsequent transactions.
• Article 59-septies governs coordination with special regulations: the stricter sector-specific provisions take precedence and, where specific EU rules exist, these apply.

 

Definitions and information structure

Article 59-ter introduces the concept of an online interface (referring to the Digital Services Act); and the concept of layered information, ie the possibility of presenting it on multiple levels. Essential information must remain immediately visible.

 

Information obligations

• Article 49 has been amended to require the presence and location of the online withdrawal function to be indicated.
  
  
• Article 59-quater broadly reformulates pre-contractual information obligations: before concluding the contract, the trader must provide clear and comprehensive information on identity, service characteristics, costs, risks, the right of withdrawal, duration, complaints and remedies.
  
  
• Among the new provisions: Article 59-quinquies regulates telephone sales and Article 59-sexies introduces a key principle: the burden of proof regarding information obligations lies with the trader, making systems for tracking digital interactions essential. This implies:
  • an obligation to indicate whether the price is personalised using algorithms;
  • an obligation to indicate the online withdrawal function;
  • the sending of a reminder regarding withdrawal if the information is provided less than one day before the conclusion of the contract;
  • accessibility and legibility requirements;
  • immediate identification of the trader and commercial purpose;
  • information on recording;
  • possibility of simplified information only with consent, followed, however, by the sending of the full information on a durable medium.

 

Withdrawal and digital methods

Article 54-bis introduces the obligation to provide an online withdrawal function for contracts concluded via a digital interface.

Article 59-octies governs the right of withdrawal. This point deserves specific attention, as the implementation of the new Italian rules on distance financial services contracts may have a direct impact on online insurance journeys and, in particular, on the design of withdrawal functions within websites, apps and other digital interfaces.

Consumers generally have the right to withdraw from insurance contracts concluded online within 14 days, without penalty and without giving any reason.

Following the transposition of Directive (EU) 2023/2673 into Italian law, online interfaces will need to include specific withdrawal functions enabling the consumer to:

• withdraw from the contract through a clearly visible and easily accessible function, such as a button labelled “withdraw from the contract here”. This function should remain available throughout the applicable withdrawal period;
• submit a withdrawal statement containing the relevant consumer information, including name, contract details and the electronic contact details through which the withdrawal confirmation will be sent;
• confirm the withdrawal through a separate confirmation function, such as a button labelled “confirm withdrawal”.

Once the withdrawal is confirmed, the consumer must receive an acknowledgement of receipt on a durable medium, such as an email or PDF confirmation.

The reform also strengthens pre-contractual information requirements. Before the consumer is bound by a distance contract, the insurer must provide clear and accessible information on the service provider, the main characteristics of the contract, the total price, the consequences of late payments, the existence or absence of a right of withdrawal, the conditions and time limits for exercising that right, the withdrawal procedure and the consequences of withdrawal. This information must be provided on a durable medium, be easy to read and be accessible to all consumers, including people with disabilities.

A key Italian interpretative issue concerns the exclusion from the right of withdrawal for “travel and baggage insurance policies or similar short-term insurance policies of less than one month’s duration”, as reflected in Legislative Decree no. 209/2025.

A purely literal reading of the wording could suggest that all travel and baggage insurance policies are excluded from the right of withdrawal regardless of their duration, while only similar short-term insurance policies would need to have a duration of less than one month to be excluded.

However, this interpretation would significantly restrict one of the core consumer protection rights. A more consistent reading, aligned with the consumer-protection rationale of the legislation, is that the exclusion should apply only to policies – including travel and baggage policies – with a duration of less than one month. This appears to be to avoid potential abusive conduct by consumers, for example exercising the withdrawal right after the trip has ended and after the insurance service has effectively already been provided.

Accordingly, for Italy, the practical approach would be:

• Policy duration of less than one month: no withdrawal right applies.
• Policy duration equal to or longer than one month: the withdrawal right should be granted, and the online withdrawal functions/buttons should be implemented.

However, at present, there are no commentaries or guidance from the competent authorities providing indications on the correct interpretation to be applied. We will keep you updated on any further developments.

Article 59-novies governs the financial consequences of the withdrawal:

• payment only in proportion to the service used;
• insurance exception: no costs payable by the consumer;
• mutual obligation to refund within 30 days.

 

Consumer protection and digital interfaces

Article 59-decies requires the trader to provide adequate explanations, helping the consumer to assess the product. It also introduces the right to human intervention in digital processes.

Article 59-undecies expressly prohibits dark patterns, ie:

• no manipulative or misleading interfaces;
• no obstacles to withdrawal;
• no repeated or unbalanced solicitations.

 

Supervision, sanctions and nullity

Article 59-duodecies strengthens the powers of the supervisory authorities (in Italy: IVASS, Bank of Italy, Consob, etc.), which may prohibit or halt non-compliant practices.

Article 59-terdecies provides for:

• penalties ranging from EUR7,500 to EUR75,000 (which may be doubled);
• invalidity of the contract in the event of:
• obstruction of withdrawal
• failure to refund
• seriously misleading information

The reform requires structural adaptation, not just updates to documentation, but a review of digital interfaces, operational workflows, partner governance and IT systems.

From 19 June 2026, the remote distribution of financial services – particularly insurance – must ensure processes that are fully transparent, accessible, traceable and consistent with a high standard of consumer protection.