4.       LEGAL REQUIREMENTS (National and EU)   
4.1.    Legal Requirements in European Union

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FOOD PRODUCTS AND SAFETY

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• ISO/TC34, Food products

This ISO technical committee has more than 840 standards dedicated to every stage in the food production chain, from crops and animals to what lands on our plates. These include terminology, sampling, methods of test and analysis, product specifications, food and feed safety, and quality management and requirements for packaging, storage and transportation.

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https://www.iso.org/files/live/sites/isoorg/files/store/en/PUB100412.pdf

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•    ISO9001, Quality management systems
ISO 9001 sets out the criteria for a quality management system and is the only standard in the family that can be certified to (although this is not a requirement). It can be used by any organization, large or small, regardless of its field of activity. In fact, there are over one million companies and organizations in over 170 countries certified to ISO 9001.

This standard is based on a number of quality management principles including a strong customer focus, the motivation and implication of top management, the process approach and continual improvement. Using ISO 9001 helps ensure that customers get consistent, good-quality products and services, which in turn brings many business benefits.

https://www.iso.org/iso-9001-quality-management.html

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•    ISO22000, Food safety management
ISO’s food safety management standards help organizations identify and control food safety hazards, at the same time as working together with other ISO management standards, such as ISO 9001.

https://www.iso.org/iso-22000-food-safety-management.html 

UNECE: FRESH FRUIT AND VEGETABLES – STANDARDS 

https://unece.org/trade/wp7/FFV-Standards 

•    Minimum Quality Specifications (MQS) for Fresh Fruit and Vegetables 
This minimum marketing quality applies to fresh fruit and vegetables (hereafter: produce) to be supplied fresh to the consumer, produce for industrial processing being excluded.

https://unece.org/sites/default/files/2020-12/FFV-MinimumQuality_e.pdf 

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•    Standard Layout for UNECE Explanatory Brochures on Fresh Fruit and Vegetables (FFV)
The commercial quality standards developed by the Working Party on Agricultural Quality Standards of the United Nations Economic Commission for Europe (UNECE) help facilitate international trade, encourage high-quality production, improve profitability and protect consumer interests.

 

https://unece.org/fileadmin/DAM/trade/agr/standard/fresh/StandardLayout/FFVBrochureLayout_2015_e.pdf 

EU LEGISLATION ON AGRICULTURE

•    Common Agricultural Policy (CAP)
Directive (EU) 20019/633 of the European Parliament and the Council of 17 April 2019 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain.

This Directive sets out a minimum list of prohibited unfair trading practices between buyers and suppliers in the agricultural and food supply chain and lays down minimum enforcement rules. Furthermore, it aims to stop larger businesses exploiting small and medium-sized suppliers because of their weaker bargaining position, and to avoid the costs of such practices being passed on to primary producers.

Link: http://data.europa.eu/eli/dir/2019/633/oj 

Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007

The aims of this Regulation are: 
•    The stabilisation of markets and prevention of market crises from escalating by providing a safety net to agricultural markets through the use of market intervention tools (public intervention and private storage aid) and exceptional measures. It also provides for the necessary market transparency measures to allow agricultural producers to better make their production and investment decisions in view of market developments.
•    It aims at improving productivity and quality at the production level, boosting demand and helping EU agricultural sectors to better adapt to market changes and increase their competitiveness through aid to specific sectors (particularly fruit and vegetables, and wine).
•    It seeks to encourage cooperation within the food supply chain through producer organisations and interbranch organisations (organisations that represent actors of the food supply chain involved in the production of, trade in and/or processing of products in specific sectors).
•    It lays down minimum quality requirements (marketing standards), rules and conditions to ensure the quality of the production process and of the products. It specifies the rules for the use of optional reserved terms for value-adding product features or production processes for a number of products. It also sets out rules on trade in agricultural products and specific rules on competition.

http://data.europa.eu/eli/reg/2013/1308/oj 

 

Union Policies and Internal Actions in Agriculture and Fisheries (Part Three - Title III)
Article 39 TFEU sets out the CAP’s objectives which aim to:
increase agricultural productivity by promoting technical progress and by ensuring the rational development of agricultural production and the optimum utilisation of the factors of production, in particular labour;
•    ensure a fair standard of living for farmers;
•    stabilise markets;
•    assure the availability of supplies;
•    ensure that supplies reach consumers at reasonable prices.

http://data.europa.eu/eli/treaty/tfeu_2016/art_39/oj    

    

AGRICULTURAL PRODUCTS

Regulation (EU) No 251/2014 of the European Parliament and of the Council of 26 February 2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and repealing Council Regulation (EEC) No 1601/91

The aims of this Regulations are:
•    It sets out the specifications of aromatised wine products.
•    It seeks to ensure high levels of consumer protection, product authenticity, market transparency and fair competition.
It applies to all aromatised wine products placed on the market in the European Union (EU), whether produced in EU Member States or non-EU countries and produced in the EU for export.

http://data.europa.eu/eli/reg/2014/251/oj 

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Consolidated text: Commission Regulation (EU) No 642/2010 of 20 July 2010 on rules of application (cereal sector import duties) for Council Regulation (EC) No 1234/2007 (codification) 

Regulation (EU) No 642/2010 sets out rules applying to variable import duties on high quality wheat, durum wheat, rye, maize and sorghum.

 

http://data.europa.eu/eli/reg/2010/642/2017-09-21 

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Consolidated text: Commission Regulation (EC) No 889/2008 of 5 September 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control
It is an implementing act laying down specific rules governing organic production, labelling and control.

http://data.europa.eu/eli/reg/2008/889/2022-01-01 

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Commission Delegated Regulation (EU) 2022/2104 of 29 July 2022 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards marketing standards for olive oil, and repealing Commission Regulation (EEC) No 2568/91 and Commission Implementing Regulation (EU) No 29/2012

This Regulation defines the specific characteristics applicable to each category of olive oil and the types of analyses that are applied to determine conformity. It also sets out control requirements for the EU Member States. Furthermore, it revises certain indications for olive oil labelling relating to acidity and the harvesting year.

http://data.europa.eu/eli/reg_del/2022/2104/oj

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Consolidated text: Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products and repealing Council Regulation (EC) No 834/2007

This Regulation’s aims are the following: 
It aims to revise and strengthen the European Union’s (EU) rules on organic production and the labeling of organic products in relation to:
•    the control system;
•    the trade regime;
•    production rules.
In this way, it aims to:
•    create a level playing field for operators;
•    harmonize and simplify rules;
•    improve consumer confidence in organic products and in the EU’s organic logo.

http://data.europa.eu/eli/reg/2018/848/2022-01-01 

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Consolidated text: Council Directive 2008/90/EC of 29 September 2008 on the marketing of fruit plant propagating material and fruit plants intended for fruit production (Recast version)

This Directive updates and improves EU rules to ensure that purchasers receive propagating material and fruit plants which are healthy and of good quality. Moreover, it improves and streamlines the system of rules in which businesses operate, reflecting scientific and technical progress and setting out clear conditions that have to be met to satisfy new consumer and industry needs.

http://data.europa.eu/eli/dir/2008/90/2022-10-13 

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Consolidated text: Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs

This Regulation’s aims are:
●    It seeks to enhance the European Union’s (EU) quality policy for agricultural products by increasing the coherence of various quality schemes.
●    It includes measures to ensure fair competition for farmers and producers of products registered as protected designation of origin (PDO), protected geographical indication (PGI) and traditional speciality guaranteed (TSG), to: 
    protect intellectual property rights;
    provide fair information to consumers about these products; and
    support agricultural and processing activities.
●    along with the farming systems associated with high-quality products, in line with EU rural development policy objectives.

http://data.europa.eu/eli/reg/2012/1151/2022-06-08

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ORGANIC FARMING

Consolidated text: Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products and repealing Council Regulation (EC) No 834/2007

This Regulation establishes the principles of organic production and lays down the rules concerning organic production, related certification and the use of indications referring to organic production in labelling and advertising, as well as rules on controls additional to those laid down in Regulation (EU) 2017/625.

Link: http://data.europa.eu/eli/reg/2018/848/2022-01-01

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EU LEGISLATION ON DIGITAL MARKETING

Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act) (Text with EEA relevance)
This Regulation aims to make the digital economy fairer and more contestable.

http://data.europa.eu/eli/reg/2022/1925/oj

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Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (Text with EEA relevance)

The aim of this Regulation is to contribute to the proper functioning of the internal market for intermediary services by setting out harmonised rules for a safe, predictable and trusted online environment that facilitates innovation and in which fundamental rights enshrined in the Charter, including the principle of consumer protection, are effectively protected.

http://data.europa.eu/eli/reg/2022/2065/oj

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Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services (Text with EEA relevance.)

The purpose of this Directive is to contribute to the proper functioning of the internal market while providing for a high level of consumer protection, by laying down common rules on certain requirements concerning contracts between traders and consumers for the supply of digital content or digital services.

http://data.europa.eu/eli/dir/2019/770/oj

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Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC

With a view to ensuring the proper functioning of the internal market while aiming at an adequate level of security of electronic identification means and trust services this Regulation:

(a)    lays down the conditions under which Member States recognise electronic identification means of natural and legal persons falling under a notified electronic identification scheme of another Member State;
(b)    lays down rules for trust services, in particular for electronic transactions; and
(c)    establishes a legal framework for electronic signatures, electronic seals, electronic time stamps, electronic documents, electronic registered delivery services and certificate services for website authentication.

http://data.europa.eu/eli/reg/2014/910/oj

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Regulation (EU) 2021/694 of the European Parliament and of the Council of 29 April 2021 establishing the Digital Europe Programme and repealing Decision (EU) 2015/2240 (Text with EEA relevance)

This Regulation establishes the Digital Europe Programme (the ‘Programme’) for the duration of the MFF 2021-2027.
This Regulation lays down the objectives of the Programme, its budget for the period 2021 to 2027, the forms of Union funding and the rules for providing such funding.

http://data.europa.eu/eli/reg/2021/694/oj

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Regulation (EU) 2021/690 of the European Parliament and of the Council of 28 April 2021 establishing a programme for the internal market, competitiveness of enterprises, including small and medium-sized enterprises, the area of plants, animals, food and feed, and European statistics (Single Market Programme) and repealing Regulations (EU) No 99/2013, (EU) No 1287/2013, (EU) No 254/2014 and (EU) No 652/2014 (Text with EEA relevance)

This Regulation establishes a programme for improving the functioning of the internal market, the competitiveness and sustainability of enterprises, especially micro, small and medium-sized enterprises, and consumer protection, for the management of expenditure in the area of plants, animals, food and feed, and for the programming and financing framework used for the development, production and dissemination of European statistics within the meaning of Article 13 of Regulation (EC) No 223/2009 (Single Market Programme) (the ‘Programme’) for the period from 1 January 2021 to 31 December 2027. 

http://data.europa.eu/eli/reg/2021/690/oj

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Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (Text with EEA relevance.)

This Directive lays down rules which aim to harmonise further Union law applicable to copyright and related rights in the framework of the internal market, taking into account, in particular, digital and cross-border uses of protected content. It also lays down rules on exceptions and limitations to copyright and related rights, on the facilitation of licences, as well as rules which aim to ensure a well-functioning marketplace for the exploitation of works and other subject matter.

http://data.europa.eu/eli/dir/2019/790/oj

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Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce')
This Directive seeks to contribute to the proper functioning of the internal market by ensuring the free movement of information society services between the Member States.

http://data.europa.eu/eli/dir/2000/31/oj

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Consolidated text: Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)
This Directive provides for the harmonisation of the national provisions required to ensure an equivalent level of protection of fundamental rights and freedoms, and in particular the right to privacy and confidentiality, with respect to the processing of personal data in the electronic communication sector and to ensure the free movement of such data and of electronic communication equipment and services in the Community.

 

http://data.europa.eu/eli/dir/2002/58/2009-12-19

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Consolidated text: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Text with EEA relevance)

1.   This Regulation lays down rules relating to the protection of natural persons with regard to the processing of personal data and rules relating to the free movement of personal data.
2.   This Regulation protects fundamental rights and freedoms of natural persons and in particular their right to the protection of personal data.
3.   The free movement of personal data within the Union shall be neither restricted nor prohibited for reasons connected with the protection of natural persons with regard to the processing of personal data. 

http://data.europa.eu/eli/reg/2016/679/2016-05-04

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4.2. Legal Requirements In Portugal

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Decree-Law No. 12/2023

Summary: Establishes the general rules of the Strategic Plan for the Common Agricultural Policy of Portugal.

The reform of the Common Agricultural Policy (CAP) in 2021 established a new regulatory framework that introduces changes to its objectives, instruments and evaluation mechanisms, which are now integrated into a single plan, at national level, the Strategic Plan of the Common Agricultural Policy (PEPAC).

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PEPAC establishes three general objectives that will be evaluated through performance indicators. The current PAC compliance-oriented application model will need to be adjusted to ensure a greater focus on results and performance.

These three objectives comprise the guarantee of food supply, where agriculture plays the main role, the contribution to the pursuit of the European Union's environmental and climate objectives, with particular emphasis on the European Ecological Pact, and also the socio-economic development of rural territories.

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More info at: Decreto-Lei n.º 12/2023, de 24 de fevereiro | DRE

 

Ordinance No. 89/2022

SUMMARY: Approves the Regulation for Supporting the Promotion of Research, Development and Innovation in Agriculture, within the scope of the Recovery and Resilience Plan

The Recovery and Resilience Plan (PRR) defines a set of investments and reforms that should contribute to the following dimensions: Resilience, Climate Transition and Digital Transition. In this context, Component 5 - Business Capitalization and Innovation, integrated in the Resilience Dimension, aims to increase the competitiveness and resilience of the economy based on research and development (R&D), aiming to boost the innovation, diversification and specialisation capabilities of the productive structure.

This component includes the Innovation Agenda for Agriculture 2020-2030, approved by Council of Ministers Resolution No. , based on knowledge and innovation, through an agile and adequate response to the various challenges, namely the challenge of climate change and resilience to future shocks, as well as the digital transition and promoting a fairer society that responds to the demographic challenge and the inequalities, leaving no one behind.

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More info at: Portaria n.º 89/2022, de 7 de fevereiro | DRE

 

 

4.2. Legal Requirements In Türkiye

LAW ON REGULATION OF ELECTRONIC COMMERCE (Official Gazette: 05.11.2014 - 29166)

Purpose and scope

ARTICLE 1 – (1) The purpose of this Law is to determine the principles and procedures regarding electronic commerce.

 (2) This Law restricts commercial communication to service providers and intermediary service providers. responsibilities to electronic commerce with contracts made with electronic communication tools.It covers the obligations to provide information on the subject and the sanctions to be applied.

(3) (Annex: 1/7/2022-7416/1 art.) Travel Agencies dated 14/9/1972 and numbered 1618 and Travel Agencies Union Law, dated 14/10/1983 and numbered 2920, Turkish Civil Aviation Law, Private Pension Savings and Investment System dated 28/3/2001 and numbered 4632 Banking Law No. 5411 dated 19/10/2005, No. 5684 dated 3/6/2007 Insurance Law, Financial Leasing, Factoring, dated 21/11/2012 and numbered 6361, Financing and Savings Financing Companies Law, dated 6/12/2012 and numbered 6362 Capital Market Law, dated 20/6/2013 and numbered 6493, Payment and Securities Law on Settlement Systems, Payment Services and Electronic Money Institutions and Establishment and activities with the Electronic Communications Law dated 5/11/2018 and numbered 5809 regulated and authorized in accordance with these laws, in matters for which they are exclusively authorized Revenue from Games of Chance, dated 14/3/2007 and numbered 5602. The first article of the 3rd article of the Law on Regulation of Taxes, Funds and Shares and those defined in subparagraph (ç) of the paragraph Those operating in the field of betting games can use electronic commerce in the implementation of this Law, intermediary service provider or electronic commerce service provider are not accepted.

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More info at : Başbakanlık Mevzuatı Geliştirme ve Yayın Genel Müdürlüğü (resmigazete.gov.tr)

 

 

REGULATION ON ELECTRONIC COMMERCE INSTRUMENT SERVICE PROVIDERS AND ELECTRONIC COMMERCE SERVICE PROVIDERS (Official Gazette: 29.12.2022 - 32058)

Purpose

ARTICLE 1- (1) The purpose of this Regulation is to establish an effective and fair competition environment and to electronic commerce intermediary service providers and electronic commerce service providers in order to ensure the development of to determine the procedures and principles for the regulation of activities and audits and the commercial relations between them.

Scope

ARTICLE 2- (1) This Regulation covers electronic commerce tool service provider and electronic commerce service providers' obligations, unfair commercial practices in electronic commerce, illegal content, intermediation. It covers the contract, electronic commerce license and other issues related to electronic commerce.

More info at:  https://www.resmigazete.gov.tr/eskiler/2022/12/20221229-5.htm 

 

 

COMMUNIQUÉ ON ELECTRONIC COMMERCE INFORMATION SYSTEM AND NOTIFICATION OBLIGATIONS (Official Gazette: 11.08.2017 - 30151)

Purpose

ARTICLE 1 – (1) The purpose of this Communiqué is to provide to regulate the procedures and principles regarding records and notifications.

Scope

ARTICLE 2 – (1) This Communiqué includes making contracts for the sale of goods or services on the network or the service provider and intermediary service providers that enable the order to be placed, and the covers the registration or notification obligations of other real or legal persons regarding electronic commerce.

(2) (Amendment: OG-15/2/2019-30687) The provisions of this Communiqué are exclusively applicable to e-mail, telephone call, text message or similar individual communication that allows direct communication in electronic environment service providers and intermediary service providers that execute contracts with their vehicles, and common public electronic services for subscription contracts from a single point does not apply to the platform.

More info at: https://www.resmigazete.gov.tr/eskiler/2017/08/20170811-7.htm

 

COMMUNIQUÉ ON TRUST STAMP IN ELECTRONIC COMMERCE (Official Gazette: 06.06.2017 - 30088)

Purpose

ARTICLE 1 – (1) The purpose of this Communiqué is the procedures and procedures regarding the trust stamp in electronic commerce to determine the fundamentals.

Scope

ARTICLE 2 – (1) This Communiqué applies to those who wish to obtain the stamp of trust and provide services in Electronic Commerce. Intermediary service within the scope of the Regulation on Providers and Intermediary Service Providers compliance of the provider and the service provider operating in its own electronic commerce environment the required safety and service quality standards; activities of the trust stamp provider, and obligations and procedures and principles regarding the granting, suspension and cancellation of the trust stamp covers.

(2) According to the Banking Law No. 5411 dated 19/10/2005 and No. 6493 dated 20/6/2013 Payment and Securities Settlement Systems, Payment Services and Electronic Money Organizations that have obtained an operating license in accordance with the Law on their Establishments are outside the scope of this Communiqué.

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More info at: https://www.resmigazete.gov.tr/eskiler/2017/06/20170606-12.htm

 

 

4.3.Legal Requirements In Spain

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Legislation

This Legislation gives the necessary information about the Código de Derecho Agrario. In this page, any information about the agrarian entrepreneurs, vegetable varieties, protection and well-being of the animal, etc. can be found.

https://www.mapa.gob.es/es/ministerio/actividad-legislativa/

National Regulation on the Agrarian Sector

• General

Ley 43/200, de 20 de noviembre, de sanidad vegetal.

One of the basic purposes of national plant health policy is the existence of an appropriate legal framework to protect plants and their products against damage caused by pests, in order to maintain them, through human intervention, at economically acceptable population levels, and to prevent the introduction and spread of pests from other geographical areas.

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Link: https://www.boe.es/eli/es/l/2002/11/20/43/con

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Resolución de 4 de septiembre de 2009, de la Dirección General de Trabajo, por la que se registra y publica el Acuerdo para la promoción de la seguridad y la salud en el trabajo en el sector agrario.

This Agreement aims for the promotion of occupational safety and health.

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Link: https://www.boe.es/eli/es/res/2009/09/04/(2)

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• Digital marketing

Ley Orgánica 3/2018, de 5 de diciembre, de Protección de Datos Personales y garantía de los derechos digitales.

The purpose of this organic law is:

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(a) To adapt the Spanish legal system to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of their personal data and on the free movement of such data, and to supplement its provisions.

The fundamental right of natural persons to the protection of personal data, protected by Article 18.4 of the Constitution, shall be exercised in accordance with the provisions of Regulation (EU) 2016/679 and this organic law.

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b) To guarantee the digital rights of citizens in accordance with the mandate established in Article 18.4 of the Constitution.

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Link: https://www.boe.es/eli/es/lo/2018/12/05/3/con

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Ley 34/2002, de 11 de julio, de servicios de la sociedad de la información y de comercio electrónico.

1. The purpose of this Law is to regulate the legal regime of information society services and electronic contracting, in relation to the obligations of service providers, including those who act as intermediaries in the transmission of content through telecommunications networks, commercial communications by electronic means, information before and after the conclusion of electronic contracts, the conditions related to their validity and effectiveness and the sanctioning regime applicable to the service providers of the society of the information.

2.  The provisions contained in this Law shall be understood without prejudice to the provisions of other state or regional regulations outside the coordinated regulatory scope, or whose purpose is the protection of public health and safety, including the safeguarding of national defense, the consumer interests, the tax regime applicable to information society services, the protection of personal data and the regulations governing the defense of competition.

 

Link: https://www.boe.es/eli/es/l/2002/07/11/34/con

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Ley 7/1996, de 15 de enero, de Ordenación del Comercio Minorista.

1. The main purpose of this Law is to establish the general legal regime for retail trade, as well as to regulate certain special sales and commercial promotion activities, without prejudice to the laws issued by the Autonomous Communities in the exercise of their powers in the matter.

2. For the purposes of this Law, retail trade is understood to be that activity carried out professionally for profit consisting of offering the sale of any class of items to their final recipients, whether or not using an establishment.

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Link: https://www.boe.es/eli/es/l/1996/01/15/7/con

 

 

4.4.Legal Requirements In Italy

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Relevant laws and regulations to start up an e-commerce business in Italy

 E-commerce activities in Italy

The Decree below sets out the legal framework, helps ensure that e-commerce transactions are conducted in a safe and secure manner, and outlines a number of provisions related to e-commerce activities in Italy, including electronic contracts, electronic signatures, consumer protection, liability of intermediaries (e.g. internet service providers)

According to: Legislative Decree No. 70/2003 – Implementation of Directive 2000/31/EC

 Choice of Business Structure

The Italian Civil Code governs the different types of business structures available in Italy, including sole proprietorship, partnership, limited liability company (LLC), and joint-stock company. The specific requirements and regulations for each business structure are outlines in the Italian Civil Code.

According to: https://faolex.fao.org/docs/pdf/ita197336.pdf

 

Business Registration

The process for registering a business in Italy is governed by the Italian Law Decree No. 385/1993, known as the “Consolidated Banking Act”. This law sets out the requirements for obtaining a tax identification number (TIN) and registering with the Italian Chamber of Commerce.

According to: Legislative Decree No. 385/1993

 

 Consumer Protection

E-commerce businesses in Italy are required to comply with the Consumer Code, which sets out specific rules for online sales. For example, businesses must provide consumers with clear and accurate information about the product or service being sold, including price, delivery time, and payment methods. Additionally, consumers have the right to withdraw from the contract within 14 days of receiving the product.

According to: Legislative Decree No. 206/2005 – Consumer Code

 

 Data Protection

E-commerce businesses must ensure that they collect personal data only for specific, legitimate purposes and that they have a legal basis for processing the data. They must also obtain users’ consent before collecting and processing their personal data, inform them of their rights in relation to their personal data, and provide them with access to their data upon request, and ensure the security of their data. Additionally, e-commerce businesses must have appropriate technical and organisational measures in place to protect personal data from unauthorised access, accidental loss, or destruction.

Furthermore, if the e-commerce business processes large amounts of personal data or if they process sensitive personal data, they must appoint a Data Protection Officer (DPO). The DPO is responsible for ensuring that the business complies with the GDPR and other protection laws.

According to: Legislative Decree No. 196/2003 – Personal Data Protection Code, EU Regulation No. 2016/679 – General Data Protection Regulation (GDPR)

 

 VAT obligations

E-commerce businesses in Italy must ensure they comply with all relevant VAT regulations and requirements as set out in Legislative Decree No. 50/2017 and Legislative Decree No. 70/2003. These decrees outline VAT obligations, including the need to register for VAT, collect and remit VAT on sales, and keep accurate records of transactions.

Luckily, there are recent legislative decrees and new VAT rules that simplify VAT compliance for e-commerce businesses that sell goods or services to customers in other EU countries.

 

Specifically:

1. One Stop Shop (OSS) system:

This system allows you to declare and pay VAT in one Member State, even if you are selling goods or services to customers in other EU countries. This simplifies VAT compliance for businesses that make cross-border sales.

2. Extension of the OSS system:

Legislative Decree No. 15/2021 extends the OSS system to cover distance sales of goods within the EU, which means that you can use the OSS to declare and pay VAT on sales to customers in other Member States. This simplifies the VAT compliance process for e-commerce businesses that make cross-border sales of goods within the EU.

According to: Legislative Decree No. 50/2017 - Implementation of Directive 2016/1065/EU, Legislative Decree No. 15/2021, Legislative Decree No. 70/2003,

https://www.stsint.eu/e-commerce-new-vat-rules-in-italy-from-july-1st-2021/?lang=en

 

 

5.5.Legal Requirements In Greece

Legislation on Agriculture

1. Ν. 4235/2014(ΦΕΚ 32 Α/11.02.2014): Administrative measures, procedures and sanctions in the application of EU and national legislation in the fields of food, feed and animal health and protection and other provisions under the responsibility of the Ministry of Rural Development and Food.

Link : https://www.e-nomothesia.gr/kat-agrotike-anaptukse/ktenotrophia/n-4235-2014.html

1. Ν. 2204 ΦΕΚ 59/15.04.1994: PURPOSE AND OBJECTIVES FOR THE CONSERVATION OF BIODIVERSITY

The objectives of this Convention, to be pursued in accordance with its relevant provisions, are the conservation of biological diversity, the sustainable use of its components and the fair and equitable sharing of the benefits arising out of the utilization of genetic resources, including appropriate access to genetic resources and the appropriate transfer of relevant technologies, taking into account all rights to resources and technologies and appropriate funding.

Link: https://www.e-nomothesia.gr/kat-periballon/nomos-2204-1994-phek-59-a-15-4-1994.html

 

Digital Marketing

• N. 2251/1994: Consumer protection

The rights and interests of consumers are protected by the State.The State shall ensure in particular:

1. the health and safety of consumers,

2. their economic interests,

3. their organisation in consumer associations,

4. their right to be heard on matters concerning them and

5. their information and education, particularly of vulnerable groups of consumers on matters relating to the market, competition, the consumer, the protection of the natural environment and the promotion of sustainable consumption.

Link: https://www.kodiko.gr/nomothesia/document/217614/nomos-2251-1994

 

1. ΠΡΟΕΔΡΙΚΟ ΔΙΑΤΑΓΜΑ 131/2003 ΦΕΚ A-116/16-5-2003: Adaptation to Directive 2000/31 of the European Parliament and of the Council on certain legal aspects of information society services, in particular electronic commerce, in the internal market (Directive on electronic commerce)

Link: https://www.e-nomothesia.gr/kat-emporeio/pd-131-2003.html

 

1. N. 3471/2006 : Protection of personal data and privacy in the electronic communications sector and modification of Law 3471/2006. 2472/1997.

The purpose of the provisions of Articles 1 to 17 of this Law is to protect the fundamental rights of individuals and in particular their privacy and to establish the conditions for processing personal data and ensuring the confidentiality of communications in the electronic communications sector.

Link: https://www.kodiko.gr/nomothesia/document/155678/nomos-3471-2006

• N. 4070, ΦΕΚ A 82/10.04.2012: Regulation of Electronic Communications, Transport, Public Works and other provisions.

In implementing the competences provided for in this Law, all reasonable measures shall be taken to achieve and be proportionate to the objectives set out below:

1. the free supply of electronic communications networks and services practised in accordance with the terms of this Law. Restrictions on the supply of electronic communications networks or services may be imposed in accordance with the regulations of this Law to ensure public order, security and health.

2. Ensuring to each company the right to provide electronic communications services, install, expand, operate, control and dispose of electronic communications networks in accordance with the regulations of this Law.

3. The maintenance, as far as possible, of the technological neutrality of the regulations imposed, in particular those aimed at ensuring effective competition.

4. The protection and promotion of competition in the provision of electronic communications networks and/or services and related facilities and services, as well as policies to safeguard the public interest, which, inter alia, shall be achieved by:

   1. ensuring that users, including disadvantaged users, elderly users and users with special social needs, derive maximum benefit in terms of choice, price and quality.

   2. ensuring that there is no distortion or other restriction of competition in the electronic communications sector, including the distribution of content;

   3. ensuring the efficient management of radio frequencies and numbering resources and encouraging their efficient use.

5. contributing to the development of the single European market, which shall, inter alia, be achieved by:

   1. ensuring the removal of any existing barriers to the supply of electronic communications networks, associated facilities and services and electronic communications services at European level.

   2. by encouraging the establishment and development of trans-European networks, the interoperability of pan-European services, as well as the possibility of interconnection.

   3. developing cooperation between the NRAs of the other Member States of the European Union, the Body of European Regulators for Electronic Communications (BEREC) and the European Commission to ensure the development of consistent regulatory practice and the consistent application of the Community regulatory framework for electronic communications

6. the promotion of users' interests, which shall be achieved, inter alia, by:

   1. Ensuring that all citizens have access to the universal service in accordance with the provisions of this Law.

   2. ensuring a high level of protection for consumers in their dealings with suppliers, in particular by providing for simple and inexpensive procedures for dispute resolution conducted by a body independent of the parties concerned,

   3. helping to ensure a high level of protection of personal data and privacy.

   4. promoting the supply of clear information, in particular by requiring transparency of tariffs and conditions of use of public electronic communications services

   5. addressing the needs of specific social groups, in particular disadvantaged users, elderly users and users with special social needs. 

   6. ensuring the maintenance of the integrity and security of public communications networks

   7. ensuring that end-users are able to access, distribute and use applications & services of their choice.

Link: https://www.kodiko.gr/nomothesia/document/117878/nomos-4070-2012

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