The Italian penalty framework for Regulation (EU) 2023/988 on general product safety is now defined by Italian Legislative Decree 8 April 2026, No. 78, published in the Italian Official Gazette No. 111 of 15 May 2026 and in force since 16 May 2026.
The decree amends the Italian Consumer Code and replaces Article 112, introducing criminal and administrative penalties for economic operators that place or make dangerous products available on the market, fail to cooperate with the authorities, or breach GPSR obligations.
The most relevant penalty concerns dangerous products: imprisonment from six months to one year and a fine from EUR 10,000 to EUR 100,000, increased up to EUR 150,000 where the product presents a serious risk, under Article 112(1) of the Italian Consumer Code, as replaced by Legislative Decree 78/2026.
What changes with Legislative Decree 78/2026
Legislative Decree 78/2026 does not transpose the GPSR, because Regulation (EU) 2023/988 has been directly applicable in the Member States since 13 December 2024. Instead, the decree adapts the Italian Consumer Code to the new European framework by defining national coordination, market surveillance and penalty rules.
The most important change for businesses is the replacement of Article 112 of the Italian Consumer Code. This article now sets the penalties applicable in Italy to economic operators that breach the general safety requirement, cooperation obligations, Chapter III GPSR obligations or measures issued by the market surveillance authority.
The decree also amends the scope of Title I of Part IV of the Italian Consumer Code. Article 102 provides that the national rules apply to products defined by the GPSR, including products sold online or through other distance sales channels, to the extent that no specific EU provisions exist for the safety of the product.
- Scope: the new Article 102 of the Italian Consumer Code links the national framework to products defined by Regulation (EU) 2023/988 and clarifies the relationship with sector-specific harmonisation legislation.
- Operator obligations: the new Article 104 of the Italian Consumer Code refers to the general safety requirement and the Chapter III GPSR obligations, depending on the operator’s role in the supply chain.
- Italian language: warnings, safety information, recall notices and consumer safety information services must be in Italian, under Article 104 of the Italian Consumer Code, as replaced by Legislative Decree 78/2026.
- Safety Business Gateway: an economic operator that believes or has reason to believe that a product supplied to consumers is dangerous must notify the information through the Safety Business Gateway, according to the new Article 110-bis of the Italian Consumer Code.
- Authorities and controls: the Italian Customs and Monopolies Agency and the Italian Finance Police have access to the Safety Gate system, pursuant to Article 107(3) of the Italian Consumer Code, as replaced by Legislative Decree 78/2026.
GPSR penalties under Article 112 of the Italian Consumer Code
The new Article 112 of the Italian Consumer Code distinguishes four penalty blocks. The first concerns the substantive safety of the product and is criminal. The others concern cooperation, operator obligations and failure to comply with authority measures.
| Reference | Conduct | Type | Penalty |
|---|---|---|---|
| Article 112(1), Italian Consumer Code | Placing or making dangerous products available on the market in breach of the general safety requirement | Criminal | Imprisonment from 6 months to 1 year and a fine from EUR 10,000 to EUR 100,000. If the product presents a serious risk, the fine may reach EUR 150,000. |
| Article 112(2), Italian Consumer Code | Failure to comply with the information obligations under Article 15(2), 15(3), 15(4), 15(5) and 15(6) GPSR, failure to cooperate or obstruction of controls | Administrative | From EUR 4,000 to EUR 40,000. |
| Article 112(3), Italian Consumer Code | Breach of Chapter III GPSR obligations by economic operators, according to their role in the supply chain | Administrative | From EUR 2,500 to EUR 25,000, unless the conduct is a criminal offence or an administrative offence already sanctioned by sector-specific harmonisation legislation. |
| Article 112(4), Italian Consumer Code | Failure by an economic operator or online marketplace provider to comply with measures issued by the market surveillance authority | Criminal | Criminal fine from EUR 3,000 to EUR 30,000, unless a more serious offence or a sector-specific administrative offence already applies. |
Reduced payment and administrative penalties
For administrative penalties, Law 24 November 1981, No. 689 applies where compatible, pursuant to Article 112(6) of the Italian Consumer Code. This also affects the reduced payment mechanism under Article 16 of the same law.
For example, for a breach of Chapter III GPSR obligations sanctioned by Article 112(3) of the Italian Consumer Code, the penalty range is between EUR 2,500 and EUR 25,000. In practice, reduced payment is calculated according to the criterion set by Article 16 of Law 689/1981, namely the more favourable amount between one third of the maximum and twice the minimum.
Administrative penalty for non-compliant labelling.
Under the previous national framework, reduced payment for a violation linked to non-compliant labelling could amount to EUR 1,032, equal to twice the minimum penalty of EUR 516.
Under the new Article 112(3) of the Italian Consumer Code, as replaced by Legislative Decree 78/2026, breach of Chapter III GPSR obligations may lead to an administrative penalty from EUR 2,500 to EUR 25,000. Reduced payment, calculated as twice the minimum under Article 16 of Law 689/1981, therefore rises to EUR 5,000, subject to the legal qualification of the specific case.
Relationship with CE-marked products and sector-specific legislation
The GPSR does not replace EU harmonisation legislation applicable to specific product categories. For products subject to EU safety requirements, the new Article 102(3) of the Italian Consumer Code provides that the national framework linked to the GPSR applies only to aspects and risks not covered by those requirements.
This is important for electrical products, radio equipment, toys, PPE, machinery, batteries and other products covered by specific rules. In these cases, penalties should not be automatically added together. It is necessary to verify which rule governs the risk or obligation being challenged.
The new Article 112(3) and 112(4) of the Italian Consumer Code also contain a speciality clause. GPSR penalties for breach of Chapter III obligations and for failure to comply with authority measures do not apply where the conduct is already a criminal offence or an administrative offence sanctioned by national provisions transposing or adapting EU harmonisation legislation listed in Annex I to Regulation (EU) 2019/1020.
Who is most exposed to penalty risk
The new Article 112 of the Italian Consumer Code uses the term “economic operator”. The assessment therefore does not concern only the manufacturer in the strict sense, but the role actually performed in the supply chain.
Manufacturers and importers
Manufacturers and importers are normally the most exposed parties, because they directly affect product design, product selection, technical documentation, identification of the responsible operator and placement on the Union market. For non-harmonised products, the technical documentation and internal risk analysis required under the GPSR are central tools to demonstrate that the product was assessed before sale.
Distributors and retailers
Distributors must act with due care in relation to the applicable obligations. In practice, this means checking at least the visible and documentary elements that can reasonably be verified, such as identification of the responsible operator, warnings, information in Italian and the general consistency of the product.
When a distributor makes a dangerous product available, the risk is not merely formal. The new Article 112(1) of the Italian Consumer Code applies to the economic operator that places or makes dangerous products available on the market.
Online marketplaces and distance sales
Legislative Decree 78/2026 expressly includes products sold online or through other distance sales channels within the scope of the new Article 102 of the Italian Consumer Code. In addition, the new Article 112(4) also refers to online marketplace providers in relation to failure to comply with measures issued by the market surveillance authority.
Safety Business Gateway, Consumer Safety Gateway and Safety Gate
The new Article 110-bis of the Italian Consumer Code regulates the role of the European portals. An economic operator that believes or has reason to believe that a product supplied to consumers is dangerous must use the Safety Business Gateway to notify the risk, the corrective measures already taken and, where available, the quantity of products still in circulation.
Consumers and other interested parties may instead report potentially risky products through the Consumer Safety Gateway. Market surveillance authorities must give appropriate follow-up to reports transmitted through the portal, after verification by the European Commission.
For products presenting a serious risk, the new Article 110 of the Italian Consumer Code provides for notification of corrective measures through Safety Gate without undue delay and, in any event, within four working days of adoption of the measure by the market surveillance authorities.
Products placed on the market before 13 December 2024
Legislative Decree 78/2026 inserts a transitional provision into the Italian Consumer Code. The new Article 113(1-bis) allows products falling within Directive 2001/95/EC, compliant with that directive and placed on the market before 13 December 2024, to continue to be made available.
This provision does not automatically make every stock item compliant. It must be possible to demonstrate that the product had actually already been placed on the market before 13 December 2024 and that it complied with the legislation applicable at that time.
What companies should check
The new penalty framework makes it necessary to distinguish between three levels: substantive product safety, documentary and information obligations, and management of communications with the authorities. An effective check should not stop at the label, but should start from the company’s role in the supply chain and from the type of product marketed.
- verify whether the product is covered by specific harmonised legislation or mainly falls under the GPSR;
- check technical documentation, risk analysis, traceability and responsible operator information;
- verify that warnings, safety information and instructions intended for consumers are in Italian;
- define an internal procedure for incidents, complaints, recalls, withdrawals and notifications through the Safety Business Gateway;
- prepare a documented response criterion in case of requests from the market surveillance authority.
Frequently asked questions (FAQ)
When did the GPSR penalties enter into force in Italy?
Italian Legislative Decree 8 April 2026, No. 78 was published in the Official Gazette, General Series No. 111 of 15 May 2026, and entered into force on 16 May 2026 pursuant to Article 7 of the decree.
What is the most serious penalty under the new Article 112 of the Italian Consumer Code?
For placing or making dangerous products available on the market, the new Article 112(1) of the Italian Consumer Code provides for imprisonment from six months to one year and a fine from EUR 10,000 to EUR 100,000. If the product presents a serious risk, the financial penalty may be increased by up to one half, up to EUR 150,000.
Is failure to comply with an authority measure an administrative penalty?
No. The new Article 112(4) of the Italian Consumer Code, as replaced by Legislative Decree 78/2026, provides for a criminal fine from EUR 3,000 to EUR 30,000. This is a criminal offence, unless a more serious offence or a sector-specific administrative offence already applies.
Does the GPSR also apply to CE-marked products?
The GPSR applies to products covered by EU safety requirements only for the aspects and risks not covered by those requirements, according to Article 102(3) of the Italian Consumer Code, as replaced by Legislative Decree 78/2026. For violations already sanctioned by sector-specific harmonisation legislation, the speciality clause in Article 112(3) and 112(4) must be assessed.
Can products placed on the market before 13 December 2024 still be sold?
Yes. Products falling within Directive 2001/95/EC, compliant with that directive and placed on the market before 13 December 2024, may continue to be made available, according to Article 113(1-bis) of the Italian Consumer Code, inserted by Legislative Decree 78/2026.
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