Italy’s new influencer marketing law.

Solidarity-based transparency becomes a legal obligation. It also concerns creators, testimonials and agencies

On 21 July 2026, Law No. 120 of 19 June 2026 entered into force, popularly known as the "Ferragni Bill" or the "Charity Bill." The measure introduces a specific regulatory framework for commercial campaigns that link the sale of products to the donation of part of the proceeds to charitable purposes. It does so with a novelty that deserves attention: it expressly extends the information obligations to influencers, content creators, testimonials and advertising agencies as well.

Why this law was enacted

The provision stems from the public debate that followed the "Balocco" panettone/pandoro affair bearing Chiara Ferragni's brand. The case brought to light a phenomenon known in international debate as charity-washing: commercial communication practices that emphasize the link between the purchase of a product and a charitable purpose, without there being adequate correspondence between what is communicated to the consumer and the actual allocation of the funds raised.

The legislature intervened with an instrument that does not amend the Consumer Code (Legislative Decree 206/2005) — whose provisions remain fully applicable — but rather stands alongside it, introducing an ad hoc set of rules.

What the law regulates

The law applies to the advertising, promotion, sale or supply to consumers of products whose proceeds are partly allocated to charitable purposes. The beneficiaries of the donation may be NGOs, the Italian Catholic Church, universities, Third Sector entities and similar bodies established or operating abroad.

Excluded, however (Article 1(2)), are promotion and sale activities carried out directly by non-profit entities; the fundraising rules of the Third Sector Code (Article 7, Legislative Decree 117/2017) and those applicable to religious entities that have entered into agreements with the State remain unaffected.

The major novelty: the definition of "trader"

The most significant aspect for the influencer marketing world is set out in Article 1(4): "For the purposes of this law, 'trader' means both the seller and the party who promotes the purchase."

That is not all. Article 2(4) adds that the information obligations also fall on "parties who carry out advertising of the product in traditional form or in the form of influencer marketing."

The scope is considerable. The definition of trader contained in Article 3(1)(c) of the Consumer Code — "the natural or legal person acting for purposes relating to his trade, business, craft or profession, and anyone acting in the name of or on behalf of a trader" — is here superseded and broadened. The following now fall within the scope of the obligations:

• influencers and content creators who promote products with charitable purposes;

• testimonials of commercial campaigns linked to charitable donations;

• advertising agencies and intermediaries who manage the communication;

• anyone who, through promotional activities, contributes to steering the purchase of the product.

The legislative intervention takes note of what administrative case law had already begun to recognize: social media marketing actors exercise an influence over consumers' purchasing choices of such a scale as to justify subjecting them to specific obligations. Significant in this regard is the recent judgment of the Lazio Regional Administrative Court (TAR Lazio) No. 6921 of 2026, which confirmed the qualification as "trader" under the Consumer Code of a party who promoted services through social media and online platforms, holding that this qualification applies to "whoever has, in concrete terms, an objective, direct and immediate co-interest in the realization of the commercial practice."

The Council of State, in judgment No. 2871 of 2026, sanctioned as an unfair commercial practice for covert marketing the use of social media communications that conceal the promotional intent "through the narration of personal consumption experiences, without the sellers identifying themselves as such, thereby creating a blending of private and professional spheres."

The new information obligations

Article 2 of the law introduces three specific information obligations. Producers and traders (including, as noted, influencers and testimonials) must indicate clearly and prominently:

• the beneficiary of the donation (who will receive the money);

• the purposes for which the donated portion will be used (what it will be used for);

• the percentage share of the sale price or the exact amount allocated to charity for each unit of product.

This information must appear on product packaging (or via an adhesive label, or in point-of-sale communication materials) and in commercial communications, including advertising and influencer marketing.

This represents a step beyond the principle repeatedly affirmed by administrative case law, according to which "the obligation of informational completeness and clarity must be fulfilled from the very first contact with the potential purchaser, since the unfairness of the practice cannot be neutralized by the mere possibility for the consumer to obtain further information only at a later stage" (TAR Lazio No. 11055/2023). With Law 120/2026, this principle becomes a specific statutory obligation: it is no longer sufficient to state that "part of the proceeds will go to charity." It is necessary to state exactly how much, to whom, and for what purpose.

Prior notification to the Italian Competition Authority (AGCM)

Article 3 introduces a further requirement: at least fifteen days before offering the products for sale, the producer or trader must notify the Italian Competition Authority (AGCM) of:

• the three items of information mentioned above (beneficiary, purpose, percentage share or amount);

• the deadline by which the amount allocated to charity will be paid.

Within three months of that deadline, the producer or trader must then notify the AGCM that the payment has been made.

The AGCM thus takes on a role of both preventive and subsequent oversight of these campaigns.

Penalties

The enforcement apparatus is entrusted to the AGCM (Article 4). Breach of the information and notification obligations carries an administrative fine ranging from €5,000 to €50,000, calculated by reference to the product's list price and the number of units offered for sale.

The provision contains, however, an essential reservation clause: "unless the conduct constitutes a criminal offense or an unfair commercial practice under Part II, Title III, of the Consumer Code."

In practice, if the conduct also amounts to an unfair commercial practice under Articles 20 et seq. of the Consumer Code, the far higher penalty under Article 27(9) of the Consumer Code will apply: from €5,000 to €10,000,000.

The reservation clause follows a precise logic: to avoid a cumulation of penalties for the same conduct, in line with the ne bis in idem principle developed by the European Court of Human Rights (starting with the well-known Grande Stevens v. Italy judgment of 2014). The same conduct cannot be punished twice: the criminal regime will apply where the elements of an offense are met, the Consumer Code regime will apply where there is an unfair commercial practice, and the penalty under the new law will apply only residually.

The AGCM may also order the publication of sanctioning decisions on the website and social media pages of the sanctioned trader, in newspapers, and by any other means deemed appropriate (Article 4(3)), with a further fine of €5,000 to €50,000 in the event of non-compliance.

What changes in practice for influencers and creators

For those operating in influencer marketing, Law 120/2026 introduces immediate and significant changes:

• Direct liability: an influencer who promotes a product whose proceeds are partly allocated to charity is directly bound to comply with the information obligations, on the same footing as the producer and the seller. They cannot invoke their own extraneousness to the underlying commercial relationship.

• Transparency on figures: it is no longer sufficient to state that "part of the proceeds will go to charity." The exact percentage or the precise amount per unit of product must be indicated. Generic claims such as "support research" or "we help children" are no longer sufficient unless accompanied by the quantitative data required by law.

• Identification of the beneficiary and the purposes: the beneficiary of the donation and the specific purposes for which the funds will be used must be expressly stated.

• Involvement in the AGCM notification requirement: although the obligation of prior notification to the AGCM falls on "the producer or the trader" (Article 3), the influencer who promotes the product is classified as a trader and may be called upon to answer for any breach.

• Risk of penalties: infringement of the information obligations carries a fine of €5,000 to €50,000. If the conduct also amounts to an unfair commercial practice — and charity-washing can easily shade into misleading conduct — the fine may reach as much as €10 million.

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Entry into force and transitional period

The law, published in the Official Gazette on 6 July 2026, entered into force on 21 July 2026. Article 5 contains a transitional provision excluding the applicability of the new rules to the promotion, sale and supply of products already under way as of the date of entry into force.

For all new campaigns, however, the obligations are immediately operative.

Conclusions

Law 120/2026 fills a regulatory gap that current events had made evident. It does so through a targeted instrument that, without overlapping with the Consumer Code, introduces precise rules for a sector — commercial campaigns with charitable purposes — in which informational opacity can translate into concrete harm for consumers and, ultimately, for the credibility of the Third Sector.

For the influencer marketing world, the message is clear: promoting a product linked to a charitable cause entails precise legal responsibilities. The transparency of the operation can no longer be delegated to the producer alone: the influencer is an integral part of the information chain and bears direct responsibility for it.

Transparency, in short, is no longer merely good practice: as of today, it is a legal obligation. And for those who breach it, the economic and reputational consequences can be very serious.