The Italian Government is currently examining the draft legislative decree implementing Directive 2023/2673/EU, which amends Directive 2011/83/EU on distance contracts and repeals Directive 2002/65/EC.
The draft decree provides for several updates to Legislative Decree No. 206/2005 (Italian Consumer Code). Among the most significant new features is the introduction of Article 54-bis which sets out new requirements for exercising the right of withdrawal for contracts concluded through online interfaces.
Under the new rules, in the case of distance/online contracts, the professional must make available to the consumer a withdrawal function that is clearly visible and easily accessible on the digital interface, indicated with wording such as “withdraw from the contract here”. This function must be available continuously for the entire period during which the right of withdrawal may be exercised, positioned prominently and easily accessible.
Once the withdrawal function is activated, the consumer will be directed to an online interface in which they must easily provide or confirm the following information:
- their name;
- the information identifying the contract from which they intend to withdraw;
- the electronic contact address to which confirmation of the withdrawal will be sent (e.g., email address).
Once the online withdrawal declaration has been completed, the consumer must confirm its submission through an additional confirmation function, clearly identifiable and labeled with the wording “confirm withdrawal” or another equally unequivocal formulation.
Subsequently, and without undue delay, the professional must send the consumer an acknowledgment of receipt of the withdrawal on a durable medium, containing the text of the withdrawal declaration and the date and time of its transmission.
This amendment implements at national level the provisions set out in the new Article 11-bis of Directive 2011/83/EU and will apply to all distance contracts managed through digital interfaces, not only in regulated sectors.
Operators and online platforms will therefore need to:
- update interface design and user experience;
- update internal procedures and digital workflows;
- ensure traceability and retention of withdrawal communications.
