With Legislative Decree No. 209 of 31 December 2025, published on the Official Gazette on 8 January 2026, Italy has implemented Directive (EU) 2023/2673 of the European Parliament and of the Council of 22 November 2023, introducing amendments to the rules governing distance contracts concluded with consumers.
The Decree primarily amends the Italian Consumer Code but also introduces changes concerning the distance marketing of financial services to consumers, impacting the Italian Banking Act (Legislative Decree No. 385/1993) and the Italian Private Insurance Code (Legislative Decree No. 209/2005).
Among the main novelties introduced by the Decree, particular attention should be paid to the introduction, within the Consumer Code, of a new digital withdrawal function, aimed at simplifying the exercise of the right of withdrawal for contracts concluded through online interfaces.
In particular, the Decree amends Article 49 of the Consumer Code, strengthening the information obligations of professionals, who must now inform consumers, before they are bound by an online contract, not only of the conditions, time limits and procedures for exercising the right of withdrawal, but also, where applicable, of the existence and where to find the digital withdrawal tool.
The new Article 54-bis of the Consumer Code provides that, for distance contracts concluded online, professionals are required to make available to consumers a digital mechanism enabling them to withdraw from the contract directly online.
This function must allow consumers to easily provide or confirm at least the following information:
- their name;
- the information identifying the contract from which they intend to withdraw;
- the electronic means through which the confirmation of withdrawal will be sent to the consumer.
The withdrawal tool must also be:
- clearly indicated with the wording “withdraw from the contract here” or another equally clear and unambiguous wording;
- made available on a continuous basis for the entire period during which the right of withdrawal may be exercised;
- clearly visible and easily accessible on the online interface.
Once the declaration has been completed, consumers must be able to submit it through a confirmation mechanism, indicated by the wording “confirm withdrawal” or an equivalent sentence. Following submission, traders must send consumers, without undue delay, an acknowledgement of receipt on a durable medium, including the content of the declaration and the date and time of transmission.
The right of withdrawal shall be deemed to have been exercised in due time if the online declaration is sent by the consumer before the expiry of the relevant withdrawal period.
Implications for Businesses
In light of the new framework, businesses operating in e-commerce will be required to adapt their digital interfaces, in particular by:
- implementing a digital withdrawal function compliant with the requirements set out in Article 54-bis;
- ensuring that it is easily identifiable, accessible and continuously available;
- updating pre-contractual information and general terms and conditions to include references to the digital withdrawal mechanism.
The new rules will apply as of 23 January 2026.
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