The Italian Implementation of the Sale of Goods Directive and the Digital Contents and Services Directive: Between Critical Issues and Novelties

This contribution analyses the Italian legislature’s implementation of the two “twin” directives, Directive (EU) 2019/770 (Digital Content and Services Directive, DCSD) and Directive (EU) 2019/771 (Sale of Goods Directive, SGD). A critical examination of the major new aspects introduced by Legislative Decrees nos. 170/2021 and 173/2021 reveals missed opportunities to ensure a framework capable of addressing the changes brought about by new technologies. This shortcoming is particularly evident given the legislature’s stated commitment to the ecological transition, yet a lack of effective measures to address issues like “planned obsolescence”. Furthermore, even in one of the most important innovations – namely, the explicit recognition of the economic and commercial value of data (so-called “data monetisation”) – the legislature failed to clarify whether personal data can be regarded as consideration in contracts, and neglected to coordinate this regulation with existing data protection law. These reflections lead to the conclusion that due to a merely formalistic implementation of the EU framework, the Italian system governing the sale of goods is already ill-equipped to adequately respond to the challenges posed by digital commerce.