Consumer Code: here’s what changes. A lawyer’s advice

It came into force yesterday, Sunday 27 September, the reform of the Consumer Code of 2005, pursuant to Legislative Decree 20 February 2026, no. 30. Measures and compliance requirements for businesses.

A brief introduction: the Legislative Decree, published in the Official Gazette of 9 March 2026, implements Directive 2024/825 of the European Union of 28 February 2024 in our legal system.

The amendments concern three major thematic areas: product durability, greenwashing and technological, or planned, obsolescence.

To explore the matter in depth, Christian Caserini, a lawyer at Lca Studio Legale, has drawn up a ten-point guide setting out the main operational requirements and measures to help businesses avoid penalties.

The Italian Competition Authority (Agcm), the expert recalls, will monitor the application of the new provisions: violations fall under the general rules on unfair commercial practices, giving the antitrust authority the power to order the cessation of the conduct, require the publication of decisions and impose financial penalties.

These are the 10 key points for the proper operational and contractual compliance of retail outlets and e-commerce.

Display the official harmonised notice on the legal guarantee (without alterations)

From 27 September 2026, before the consumer is bound by the contract, there is an obligation to recall the existence of the legal guarantee of conformity (Articles 128 et seq. of the Consumer Code) and the minimum duration of two years, using exclusively the standard European model.

In physical retail outlets, the notice must be displayed in a clearly visible manner (such as at the checkout or in passage areas), in a format no smaller than A4, reproducible in colour or black and white, without any changes to the graphics, content or QR code.

On e-commerce platforms, the information must be made available before the purchase is completed, obligatorily in colour, in an accessible position and with a fully functioning QR code.

The notice must also be displayed for used products, although it remains possible to agree a reduced guarantee period (never less than one year).

Recognise and apply the harmonised durability label for more than 2 years

The use of the new standard label (or Garan) is triggered only when four requirements are met simultaneously: a free manufacturer's guarantee, relating to the product as a whole, lasting more than two years and formally communicated to the retailer. This label is, incidentally, still voluntary, but becomes mandatory once the manufacturer itself makes the commitment.

Characteristics: the label must state the duration in years, the manufacturer's brand/name and the model identifier.

In shops, the minimum size is 95 × 100 mm (in colour or black and white), whereas online it must be in colour.

It is prohibited to use this indication for paid extensions, seller guarantees or partial cover for individual components.

Redesign the pre-contractual journey and online checkout

For digital sales, information on the commercial durability guarantee must appear clearly and prominently immediately before the final submission of the order. So-called “nested” display is permitted, provided that the complete label appears on the first click, tap or cursor movement.

The pre-contractual information on lower-environmental-impact delivery options (where genuinely available) and after-sales services must also be incorporated.

Secure supply contracts and upstream technical-data flows

Under Articles 48, paragraph 1, point e-bis, and 49, paragraph 1, point n-bis of the Consumer Code, the retailer is not required to actively seek information from manufacturers: it must display it only to the extent that the manufacturer makes it available.

The same exemption principle applies to software updates and repairability. It is therefore essential to renew supply contracts and establish systematic protocols to ensure that data on durability, the EU repairability index, availability, costs and ordering channels for spare parts is transmitted in good time.

Clean up generic environmental claims in sales, packaging and advertising

The reform adds to the blacklist of practices that are unfair in all circumstances (Annex I to the Consumer Code) the use of generic expressions such as “green”, “eco-friendly”, “sustainable” or “environmentally friendly”, where they are not supported by recognised excellence in environmental performance.

It is also prohibited to promote, as a distinctive feature, a benefit that concerns only a single component or activity of the business, or to present as added value characteristics that are merely legal obligations applicable to all products in the category.

Greenwashing may be the most insidious practice, but its suppression is not the only subject of the extensive revision of the Consumer Code

Stop claims based on greenhouse-gas emissions offsetting

Any commercial communication presenting a product as having a neutral, reduced or positive impact on greenhouse-gas emissions is expressly included among practices that are always prohibited, if that result is based solely on offsetting mechanisms (such as carbon credits, reforestation or indirect offsetting), rather than on an actual reduction over the product’s life cycle.

Audit sustainability labels and comparison services

It is prohibited to display environmental marks, logos or labels that have not been established by a public authority or are not based on a certification system verifiable by independent third parties (internal self-certification badges are no longer permitted).

Furthermore, if the e-commerce platform includes tools or comparison services based on environmental, social or recyclability parameters, the comparison method, the parties being compared and the criteria for updating the data must be made transparent.

Absolute transparency regarding software, spare parts and product lifespan

Practices aimed at artificially shortening product lifespans or misinforming consumers are penalised as unfair.

In particular, it is prohibited to market goods with preset durability limits (if known to the retailer); to lie about actual repairability; to present software updates that are merely ancillary improvements as indispensable, or to omit their negative impact on performance; to induce consumers to replace consumables prematurely, or falsely claim that the use of non-original spare parts compromises the operation of the device.

Build the evidentiary file to mitigate Agcm penalty risk

The D.lgs. 30/2026 does not create a separate system of penalties, but brings violations within the general rules on unfair commercial practices (Articles 24–27-quater of the Consumer Code).

The Agcm can always block sales, order the publication of decisions imposing penalties and impose significant financial penalties.

Documentary evidence, expert reports and technical data sheets supporting every individual sustainability or durability claim displayed in-store or online must be archived and kept ready.

Establish an internal compliance plan across legal, procurement and in-store operations

Compliance cannot remain confined to the legal department. A compliance plan with deadlines, roles and periodic checks is required.

It is therefore advisable to catalogue all channels (physical retail outlets, proprietary websites, apps and marketplaces); review packaging, in-aisle signage, online product sheets and social-media campaigns; and provide targeted training for staff responsible for procurement (in dealings with suppliers), marketing, checkout staff and customer service personnel who deal directly with the end customer.

This article was translated from the original Italian version with the assistance of artificial intelligence. In case of discrepancies, please refer to the original Italian version.