Artificial Intelligence law at Italy
Italy is actively advancing its regulatory framework for artificial intelligence (AI), aiming to balance innovation with ethical considerations. The cornerstone of this effort is the Draft Bill on Artificial Intelligence, approved by the Italian Council of Ministers on April 23, 2024. This legislation is designed to complement the European Union's AI Act, incorporating national nuances to address Italy's specific needs and challenges.(Mondaq)
🇮🇹 Key Features of Italy’s AI Draft Bill
1. Human-Centric AI Principles
The draft bill mandates that AI systems must uphold fundamental rights and freedoms as prescribed by the Italian Constitution and EU law. Core principles include transparency, proportionality, security, personal data protection, non-discrimination, gender equality, and sustainability. Notably, it requires parental consent for children under 14 to access AI systems. (DPA, Mondaq)
2. Sector-Specific Regulations
Healthcare: AI can assist in diagnostics and treatment planning, but final decisions must rest with human healthcare professionals.
Employment: AI applications that lead to discrimination based on gender, age, ethnicity, or sexual orientation are prohibited. An observatory will be established to monitor AI's impact on the job market.
Professional Services: AI may support tasks but cannot replace human judgment. Professionals are required to disclose AI usage to clients transparently.
Public Administration and Justice: AI can aid in administrative tasks and legal research, but human oversight remains essential. (Mondaq, Global Law Firm | DLA Piper, Inside Global Tech, Home)
3. National AI Authorities
The bill designates two existing governmental bodies as national AI authorities:
AgID (Agenzia per l’Italia Digitale): Responsible for promoting AI innovation, defining evaluation procedures, and monitoring system compliance.
ACN (Agenzia per la Cybersicurezza Nazionale): Tasked with overseeing cybersecurity, including inspection activities to safeguard national interests.(Global Law Firm | DLA Piper, dlapiperoutsourcing.com, Global Law Firm | DLA Piper)
This approach differs from other countries that have established independent AI authorities. The Italian Data Protection Authority has expressed concerns, citing its expertise in data protection and automated decision-making. (Global Law Firm | DLA Piper)
4. Investment in AI Innovation
The bill allocates up to €1 billion to support AI projects and startups, aiming to foster innovation and establish Italy as a leader in AI development. (DPA)
5. Legal Reforms and Sanctions
The draft bill introduces new sanctions related to the use of AI systems in violation of copyright or IT law. It amends both the IT Criminal Code and the IT Civil Code, establishing offenses such as the unlawful spread of AI-generated or manipulated content. The bill also provides for the exclusive jurisdiction of civil courts for non-criminal proceedings concerning AI system functionality. (www.hoganlovells.com)
🗓️ Legislative Process and Implementation
Following its approval by the Council of Ministers, the draft bill is under review by the Italian Senate and Chamber of Deputies. Once enacted, the law will come into force 15 days after its publication in the Italian Official Journal. (DPA, Inside Global Tech)
⚖️ Alignment with EU AI Act
While the Italian draft bill aligns with the EU AI Act in many respects, it introduces national peculiarities to address local concerns. For instance, the establishment of an AI observatory and specific provisions for AI use in the workplace reflect Italy's proactive stance in regulating AI's societal impact. (Global Law Firm | DLA Piper)
đź“° Recent Developments
In December 2024, Italy's data protection authority, Garante, fined OpenAI €15 million for improperly collecting personal data and failing to provide transparency while training its ChatGPT chatbot. The investigation concluded that OpenAI lacked an adequate legal basis for data processing and violated users’ information rights. Furthermore, OpenAI did not have an effective age verification system to prevent children under 13 from being exposed to inappropriate content. (AP News)
In January 2025, Garante ordered the Chinese AI startup DeepSeek to block its chatbot service in Italy due to concerns over its privacy policy and data protection practices. DeepSeek's response was deemed insufficient, leading to its removal from Italian app stores. (Reuters)
Italy's comprehensive approach to AI regulation seeks to balance technological advancement with ethical considerations, ensuring that AI development aligns with societal values and legal standards.
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