Sports Law 2024 Comparisons

Doping is a crime under Article 586-bis of the Italian Criminal Code, punishable with imprisonment of up to three years and a fine of up to EUR51,645. This applies to anyone who:

• procures, administers, takes or promotes the use of forbidden drugs or biologically or pharmacologically active substances; or
• adopts forbidden medical practices.

These sanctions are imposed if the above-mentioned acts are likely to enhance an athlete’s performance without medical justification, and are specifically aimed at altering athletes’ competitive performances and/or changing the results of doping tests. To commit the offence, it is only necessary to prove the ability of the substance or practice to unlawfully enhance the athlete’s performance.

Trading in illegal drugs and pharmacologically or biologically active substances is punishable with imprisonment of up to six years and a fine of up to EUR77,468. Sanctions may be increased under specific circumstances (eg, if the conduct causes harm to health or is perpetrated by an agent or employee of a sports entity), and doctors and sports persons involved in the criminal conduct can also be subject to disciplinary sanctions.

Prohibited Substances and Medical Practices

Prohibited substances and medical practices are periodically updated by a Decree issued by the Ministry of Health. Prohibited substances are divided into three macro-categories:

• prohibited substances and methods both in and out of competition (eg, nandrolone, Erythropoietins);
• prohibited substances and methods only in competition (eg, cocaine, ephedrine, tetrahydrocannabinol); and
• prohibited substances and methods only in certain sports.

The National Anti-Doping Organisation (NADO Italia)

NADO Italia is acknowledged by the World Anti-Doping Agency as the competent entity on anti-doping in Italian sports, and some of its main duties are:

• issuing the Sports Anti-Doping Regulations;
• planning and managing anti-doping tests and the relative results;
• investigating potential anti-doping violations (through the National Anti-Doping Prosecutor’s Office) and imposing sanctions in case of breach of anti-doping norms (through the National Anti-Doping Tribunal (Tribunale Nazionale Antidoping, or TNA));
• creating educational programmes and courses to raise awareness of anti-doping matters; and
• managing therapeutic use exemption requests.

The World Anti-doping Code is implemented through the “Sports Anti-Doping Code”, which transposes the World Anti-Doping Code within the Italian sports system and applies to sports subjects ‒ members and affiliates ‒ under the authority of the Italian National Olympic Committee (CONI) and to non-members/non-affiliates (eg, doctors, pharmacists) whose conduct has an impact on CONI members/affiliates and competitions.

A significant case in this context is that of former race walker Alex Schwazer. This is one of the most complex and significant anti-doping cases in Italian sports in recent history, and underscores the distinct separation between the realms of sports justice and criminal justice, which can lead to divergent outcomes in corresponding proceedings. The athlete tested positive twice (in 2012 and 2016), and in relation to the second violation the Italian Criminal Court acknowledged irregularities in the athlete’s sample. However, the court dismissed the proceedings, citing the fact that he had not committed any criminal conduct. This decision was handed down despite objections from WADA. Following his acquittal, Schwazer applied to the Court of Arbitration for Sport (CAS) and the Swiss Federal Court requesting:

• the reconsideration of the ban; and
• the provisional suspension of the eight-year ban.

Both suspension requests were rejected by the courts. In 2022, Schwazer asked the European Court of Human Rights to review the CAS and Swiss Federal Court decisions.

Article 1 of Law no 401/1989 (“fraud in sport competitions”) imposes a prison sentence ranging from two to six years and a monetary fine on individuals:

• who offer, promise, or accept money or other advantages in relation to a participant in an official sports competition; or
• who carry out any other act to manipulate fair and equitable competition.

Notably, the mere intention to “manipulate fair and equitable competition” is sufficient for prosecution under this law, regardless of whether the manipulative act actually occurs.

Sports fraud is also punishable under all the Italian Federations’ Sports Justice Regulations. For example, the Italian Football Association (Federazione Italiana Giuoco Calcio, or FIGC) Justice Code punishes clubs, athletes and any other relevant subjects of the FIGC for any conduct aimed at:

• manipulating the course or the result of a match; or
• ensuring an unfair advantage in competition.

Sanctions may include points deductions, relegation, exclusion from the tournament and/or revocation of any sports title. Individuals found guilty of sports fraud face a minimum four-year ban and substantial monetary fines. Sanctions can be increased in case of multiple offences, or if the manipulation of a result or a tournament advantage is obtained.

The “Calciopoli case” in 2006 centred around these offences. In this case, presidents and managers of several prestigious Italian football clubs, FIGC officials, executives of the Italian Referee Association and referees were investigated by the criminal Public Prosecutor for criminal association and fraud in sports competitions. Concurrently, the FIGC Prosecutor initiated investigations for violation of the FIGC Justice Code. This investigation resulted in very substantial sanctions being imposed on clubs, public officials and the most eminent people working in the football industry at that time. The repercussions included the revocation of sports titles, relegation, points deduction and bans from public services and managerial roles. The liability of the defendants was also acknowledged as a crime in ordinary criminal courts; however, most defendants ultimately benefited from the statute of limitations applicable to their offences.

Gambling Under Italian Laws and Betting-Related Offences

Gambling is legal only if operated by entities with the relevant licence issued by the Excises, Customs and Monopolies Agency (Agenzia delle Dogane e dei Monopoli, or ADM). Outside this regulated area, gambling is a crime and the Criminal Code sanctions both organisers of and participants in gambling (including sentences and fines imposed under Articles 718 and 720 of the Criminal Code).

Under sports law, specific betting-related offences exist, which are designed to combat illegal betting and match fixing. The FIGC Justice Code specifically forbids betting activities for individuals connected to the FIGC, managers, stakeholders and members of professional and non-professional clubs. In particular, members of professional clubs can never bet on official FIGC, UEFA or FIFA matches. Members of non-professional and youth clubs can bet through authorised betting agencies only in relation to official FIGC, UEFA and FIFA competitions not involving their own club. Sanctions include sports bans, monetary fines, points deductions, relegation, exclusion from competition and/or revocation of titles. Sanctions are also established for failing to report any potential betting-related offence to the FIGC Prosecutor. The same conduct is relevant under criminal law to the extent it constitutes fraud in sports competition (see 1.2 Integrity).

A 2011 case involving match fixing and gambling in top-flight Italian football clubs is a striking example of the intersections between criminal and sports justice. Charges were pressed by a football club against its former goalkeeper, who was accused of adding a sedative to his teammates’ water to sabotage their performance during a match in 2010. As the investigation into this allegation expanded, it revealed a broader network of criminal association, with the primary objective being betting on fixed matches. This network was found to include numerous players and coaches. Disciplinary sanctions were imposed on several clubs (including points deductions and fines), as well as players and coaches (who, in the most serious cases, were given a five-year ban from any role within the FIGC).

Co-operation Against Gambling in Sport

In recent years, many sports institutions have undertaken initiatives to prevent sports fraud and raise awareness of gambling and match fixing in sport. In parallel, some leagues have entered into memoranda of understanding with the ADM and international technology providers with the purpose of monitoring sports betting flows and preventing fraud.

Under Decree Law No 87/2018, the government banned gambling and betting advertising in sports events despite criticism from clubs that have suffered economic damages due to the forced termination of numerous sponsorship agreements with international betting agencies.

Under Law Decree No 220/2003, technical and disciplinary controversies fall under the exclusive authority of sports justice. Therefore, clubs, associations, affiliates and members must address these matters through designated sports disciplinary bodies.

Anti-doping/disciplinary proceedings generally start with a preliminary investigation led by the PNA/Federation Prosecutor, which may result either in the dismissal of the case or disciplinary action against the suspected party. In the latter case, the matter is referred to the relevant tribunal (the TNA or the competent Federation Tribunal). Notably, individuals with a protected interest in the outcome may also initiate disciplinary proceedings.

Sports proceedings guarantee a fair trial and are conducted within a reasonable timeframe. This ensures the smooth operation of competitions and federation activities. Parties are entitled to have their case heard at two distinct levels. Additionally, they can request provisional measures, such as the suspension of an athlete, pending the final outcome. During hearings, both parties have the right to be present and heard equally. They can introduce various forms of evidence, including documents, witness testimonies, and technical expert opinions. The panel may also request additional evidence on their own initiative. Finally, both parties have the right to submit clear and concise written defences.

First instance decisions may be challenged before the National Anti-Doping Court of Appeal and the Federation Court of Appeal. Disciplinary decisions may be further challenged before the CONI Collegio di Garanzia dello Sport on grounds of legal violations or for insufficient or defective reasoning on a crucial aspect of the dispute (Article 54 of the CONI Justice Code).

The above proceeding does not preclude the involvement of competent public prosecutors and ordinary criminal courts, which may initiate independent investigations. There is a regulated system for sharing information between ordinary courts and sports judicial bodies.

Merchandising

Sports entities are increasingly focusing on exclusive merchandise in order to enlarge their fan base worldwide, attract new sponsors, gain visibility and, most importantly, increase their revenue through commercial activities. Many clubs are following this trend, frequently releasing special collections dedicated to specific markets (eg, the Chinese New Year collections), trendy lifestyle merchandise (capsule collection) and digital content to be marketed via NFTs or similar instruments. This triggers the need to protect the relevant intellectual property and gain consent from the creators, developers and interested subjects.

Ticketing

For the most important sports events, event organisers enter into partnerships with specialised ticketing companies and/or agencies, through which spectators have the opportunity to purchase tickets and, if allowed, change the users’ details on tickets or resell them to third parties. To combat ticket scalping, in 2018 a Decree of the Ministry of Economics and Finance established certain preliminary identification requirements for ticket purchasers as well as sanctions (including fines, removal of illegal content and website blackouts) on those using bots to purchase tickets in bulk.

Hospitality

Hospitality services are increasingly offered by sports event organisers as a reward to sponsors, investors, VIPs and loyal fans with the aim of increasing brand awareness and attracting new sponsors and investors. This pursuit of additional income is driving investments in creating more upscale experiences within stadiums and venues.

Sponsors remain a major source of income for the Italian sports industry. Italian laws do not contemplate statutory provisions governing sponsorship contracts; therefore, parties are granted considerable freedom to define the relevant terms and conditions. Sponsorship agreements often contemplate additional components like licensing, advertising and merchandising. Particular care should be taken when negotiating agreements with sponsors operating in certain industries (eg, alcoholic beverages and betting, where limitations are imposed on sponsorships with visibility in the Italian territory) and when barter is provided (ie, payment in kind), where relevant tax implications must also be assessed.

Sponsors often ask clubs for permission to use images of particular athletes (in addition to images of the overall team) in their promotional campaigns; however, in such instances, while most clubs are entitled to grant rights over collective images, a specific consent should be obtained when a single athlete is involved.

Naming rights (whereby a club, a competition or a stadium/arena are renamed with the sponsor’s name) may also be included, subject to certain limitations imposed by the relevant sports federations. For example, Serie A clubs can have sponsor-named stadiums but not sponsor-named clubs, unlike basketball or volleyball teams.

Sports leagues are increasingly assisting clubs in brand development and promotion. A recent example includes Serie A allowing additional sponsors on team jerseys. Also sports events are increasingly linked to sponsors (eg, match sponsors, award sponsors, etc). This focus on branding is even more crucial since the legal ban on betting sponsors has forced clubs to seek alternative revenue streams.

Legislative Decree No 9/2008 (the “Melandri Law”) marked the transition from a system based on the ownership of sports broadcasting rights by each event organiser (like home teams in leagues), to a system based on co-ownership by competition organisers and participating clubs, with the aim of ensuring a competitive balance among clubs through a fairer distribution of revenues and achieving a transparent and efficient broadcasting rights market.

Competition organisers are in charge of marketing broadcasting rights of such competitions worldwide in the interests of the participating clubs.

Event organisers still maintain full rights to footage and audio of past events (shared with the visiting club), whereas the mass media maintain the right to report and cover sports events, with limitations concerning live matches. Rights to footage and audio of past events may also be exploited commercially by the respective holders, which may still retain the right to use them on their own platforms (eg, social media) for non-commercial and/or reporting purposes.

Specific guidelines govern the procedures for assigning broadcasting rights to the best bidder in a transparent tender procedure, as well as the maximum duration of licensing contracts and specific rules for the formation of so-called broadcasting bundles.

For instance, broadcasting rights of professional sports competitions are assigned over five seasons through various packages (eg, matches, highlights, unencrypted broadcasting, radio, etc). Importantly, no single entity can acquire exclusive rights for all matches.

The Melandri Law establishes criteria for distributing broadcasting revenue among participating clubs. Notably, Serie A has specific rules requiring a portion of these revenues to be allocated to youth development, minor leagues, and sports infrastructure improvements.

Only the assigned broadcaster can film and broadcast the event. While journalists from various companies can attend the venue, they cannot capture audio, video, or pictures for broadcasting purposes. However, they retain the right to narrate the event for news reporting purposes.

Rights in a sports event (and pertaining obligations) are typically attributed to the organiser; however, said attribution may depend on multiple factors (eg, venue ownership, any delegations to leagues or federations to sell the event broadcasting rights, etc).

In professional matches, the home team has the right to control spectator admission through ticketing and/or dedicated invitation. By purchasing tickets, spectators automatically accept the stadium regulations, the rules issued by the federations, leagues and public security authorities, and any additional measures regarding the event.

Sports event organisers must request all necessary authorisations from the competent authority for public entertainment and obtain from the territorially competent police force a public entertainment licence to allow the sale of tickets. Failure to comply can result in penalties for the organisers or even the venue being deemed unusable for future matches.

Taking football as an example, FIGC outlines specific minimum requirements in its National Licensing Systems Annex. These requirements vary based on competition importance and cover aspects like:

• minimum number of seats;
• pitch conditions and maintenance;
• lighting system;
• locker rooms;
• disabled facilities; and
• broadcasting areas.

Further, organisers often require liability insurance to cover any damages caused to third parties. They must also comply with the relevant federation rules regarding technical equipment suitability, athlete well-being, and overall safety for everyone involved in the event.

Organisers Duty of Care

Event organisers have a responsibility to ensure a safe environment for everyone involved. This includes verifying the venue’s suitability for each event and implementing appropriate safety measures to prevent harm to attendees, athletes, and third parties.

If they fail to uphold these duties, organisers may be held liable for breach of contract towards ticket holders (Article 1228 of the Italian Civil Code) and under tort provisions (Article 2043 of the Italian Civil Code) for damages suffered by the attendees and their belongings during the event, triggering indemnification obligations.

In addition, organisers may be held liable as custodians of the venue (Article 2051 of the Italian Civil Code) and, on the occasion of major sports events, they share the same liability provided for those who carry out dangerous activities (Article 2050 of the Italian Civil Code).

The burden of proving exemption from liability is particularly steep, as organisers need to:

• prove the occurrence of a force majeure event; or
• have taken all the necessary measures to avoid damages.

Athletes are rarely held liable towards spectators, unless their actions fall outside the reasonably foreseeable risk deriving from sports activities or unless they deliberately intend to cause harm to a spectator.

With reference to organisers’ limitation of liability, it is common to find on tickets or regulations accepted by spectators when purchasing tickets limitation of liability clauses establishing that organisers and their agents are not responsible under certain circumstances; however, under consumer protection provisions, said clauses are always void when limiting liability for death and injuries (Consumers’ Code, Article 36.2).

Prevention of Violence and Disorder in Football

Organisers shall also ensure public order and co-operate with law enforcement agents before, during and after the event. Public authorities are also entitled to suspend or cancel an event in case of riots, disturbance or danger to public safety. In addition, organisers are required to hire an adequate number of stewards in charge of ticket control, spectator reception and support to law enforcement officials during a match.

With specific regard to football, the FIGC Justice Code establishes strict liability on football clubs for the unlawful behaviour of their supporters, even during away games. This liability extends to any violations of order and safety rules occurring before, during, and after the event, both inside the stadium and surrounding areas.

Sports Institutions and Clubs

CONI is a public entity that maintains independence and autonomy from political and governmental bodies.

National federations are non-profit associations with legal personality under private law made up of clubs, sports associations and, in the cases indicated by their by-laws, individuals.

Also, leagues are private law entities, whose associates are the clubs that, year by year, take part in the league tournaments. Their main functions are organising competitions, defending the interests of members with respect to the federation and/or other system entities, and providing counsel and support to the associate clubs in various sectors (eg, marketing, event organisations, governance, broadcasting rights, player transfers).

Professional Clubs

Professional clubs can only adopt the form of joint stock companies or limited liability companies. Said companies have:

• the ability to distribute profits among members, but 10% of profits must be allocated to youth sports training and education centres; and
• the obligation to adopt a board of statutory auditors.

Non-professional Clubs

Non-professional clubs may adopt the form of recognised/unrecognised associations (ASDs) or limited/co-operative companies (SSDs). These entities are primarily non-profit organisations, with a core focus on sports activities. Only SSDs have the possibility of limited profit distribution (less than 50% of annual profits).

In terms of individual liability, unrecognised ASDs do not have patrimonial autonomy, meaning individuals acting on the club’s behalf hold personal liability for any debts. Conversely, recognised ASD and SSD have patrimonial autonomy, meaning the liability of members is limited to the capital contributed.

Due to their non-profit, sports-educational activities, both entities can benefit from tax benefits.

Since July 2023, the legislation concerning non-professional clubs was reorganised. Some aspects were modified and/or clarified (eg, both ASDs and SSDs may carry out wider commercial activities, such as sponsorship, ticketing, etc, insofar as they are still instrumental to sports activities). Non-professional clubs still benefit from tax benefits, but only if they are registered in the “National Registry of Amateur Sports Activities” held by CONI, since said registration certifies the amateur/non-professional nature of a club.

Corporate Criminal Liability

Under Legislative Decree No 231/2001, companies and other legal entities are subject to a particular liability for certain offences perpetrated by their management or representatives. To avoid liability, companies are required to:

• adopt and implement an “Organisation, Management and Control Model” (or “231 Model”), which sets principles and procedures to evaluate, monitor, prevent and manage risk of offences committed within the company; and
• appoint a supervisory body, in charge of evaluating and monitoring the observation and implementation of the 231 Model.

The principles have also been applied to sports entities. CONI required national federations to adopt their own 231 Model, which must also be observed by affiliates and members. Further, federations can adopt guidelines to be observed by leagues and clubs that decide to adopt their own 231 Model. Certain leagues have expressly requested that their affiliated clubs adopt their own 231 Model as a mandatory requirement for membership.

Clubs participating in national championships have to adopt 231 Models and appoint a Supervisory Body to prevent acts aimed at violating the principles of loyalty, fairness and probity in all relationships.

Further, under Legislative Decree No 39/2021, sports clubs must adopt organisational and control models for sporting activities and codes of conduct in order to protect minors and prevent harassment, gender-based violence and discrimination.

Eligibility Criteria

Certain sports federations (eg, FIGC) provide that any entity willing to acquire a membership interest in a professional football club must meet certain financial and integrity requirements and demonstrate and/or declare (as the case may be) that they are not involved in previous criminal proceedings or in any insolvency situations involving other clubs. Failing that, an investor will not be able to actually exercise control over the target club until approval from the federation is granted.

Insolvency in Sports

Professional clubs are subject to the provisions applicable to companies under the Italian “Business Crisis and Insolvency Code” and may be subject to judicial liquidation where certain legal requirements are met. The application of said provisions to non-professional clubs is debatable, especially when they carry out commercial activities.

Insolvency is also sanctioned by sports regulations. By way of example, the latest “Lega Serie A National Licensing System 2024/2025” states that clubs must prove they have fulfilled several obligations, including the payment of:

• fees, training compensations and solidarity contributions owed for international and domestic acquisitions of players;
• debts owed to the FIGC, leagues and other Italian clubs;
• emoluments, taxes, welfare, social security and end-of-career contributions due to players, coaches, members, employees, managers, medical and technical staff, etc; and
• VAT and other taxes and contributions (eg, IRAP, IRES etc).

Failing that, clubs may be excluded from competition and their affiliation may be revoked.

Under the 2023 NOIF amendments, the fulfilment of some of the above obligations (eg, taxes, welfare and social security contributions, VAT, IRAP, IRES, etc.) can be waived or delayed by a professional club in the event it applies for a creditors’ composition procedure under the Insolvency Code or for other receivership/restructuring proceedings within the jurisdiction of ordinary insolvency courts. 

If a club is declared insolvent by the judicial authority during the course of a sports season, to safeguard ongoing competition the insolvent club may be allowed to temporarily continue its business and sports activities until the end of the football season. Should the club cease its activities due to insolvency, its athletes would be automatically released and the sport title (including trade marks, etc) will be subject to asset sale within the framework of a bidding procedure.

Public Funding

Italian governments are increasing sports funding with the aim of upgrading obsolete sports facilities throughout the country and promoting sports among youngsters, women and disabled people. A significant part of these public funds is allocated yearly to sports organisations through Sport e Salute S.p.A., a joint-stock company connected to CONI.

Public funding for sports has drastically increased since the introduction of the 2021 National Recovery Plan. In particular, specific funds have been allocated for the upgrade of public sports infrastructure and for the upgrade and/or construction of venues for the 2026 Winter Olympics in Milan-Cortina.

The Sports Credit Institute

The Sports Credit Institute (Istituto per il Credito Sportivo) is a “social bank for the sustainable development of sports and culture”, granting low-interest loans to public and private entities for the implementation of sports facilities, including funds to purchase real estate lots to be dedicated to the construction of sports infrastructure.

Private Investments

Italian clubs are still heavily relying on investments made by private owners, although the amount invested is still limited relative to some other countries. However, there is now a growing trend of international investors showing interest in acquiring Italian football clubs.

Funding for Federations

Federations are funded by CONI/Sport e Salute S.p.A, among others. The amounts due to each federation are calculated by the following:

• 60% of funding is based on the federation’s success in elite sports competition;
• 30% is tied to the overall number of people actively participating in the sport governed by the federation; and
• 10% is based on the amounts invested by the relevant federation in sports activities.

Unsurprisingly, football receives the largest share of funding. This reflects its dominant position within the Italian sports industry, generating 70% of the annual sports tax revenue.

According to the 2023 FIGC Report, 90 first division European clubs changed ownership over the 2020-2022 period. Italian football was certainly involved.

A noteworthy trend is the increasing involvement of financial operators (eg, private equity, investment funds, SPACs) in sports investments. This worldwide trend is growing, with such financial operators making significant investments compared to traditional private investors.

Registration of a Trade Mark

Italian trade marks can be registered by submitting an application form containing:

• the trade mark features (type, name, descriptions, colours, etc);
• the product categories for which the request is filed;
• the applicant data; and
• if necessary, a fast-track request and further relevant documents.

The Italian Trademarks Office (UIBM) then evaluates the admissibility and correctness of the application and publishes it in the Trademarks Bulletin for a three-month opposition period. If no valid opposition arises, the trade mark is registered.

It is also possible to obtain EU trade mark protection by filing a registration request at the European Union Intellectual Property Office (EUIPO) or by requesting an EU extension of a registered Italian trade mark within six months from the national registration request. The EUIPO route is often the preferred one, given the possibility for the applicant to obtain registration valid in the entire European Union.

Registration Limits and Advantages

The Italian Intellectual Property Code establishes limitations to trade mark registrations, such as:

• well-known signs in art, literature, science, politics, sports, etc, unless the holder of said signs express their consent;
• trade marks identical or similar to another trade mark regarding similar or identical products, in case it may cause confusion among the public or the later trade mark can take advantage of the reputation of the earlier one;
• signs without distinctive character;
• signs that are unlawful or deceptive; and
• geographical indications and denominations of origin with the potential to mislead the public or involving an undue exploitation of the protected name’s reputation.

Despite the above limits, Italian courts nowadays allow sports clubs to register trade marks bearing the name of the town they represent, since they acquire independent distinctive features over the years, especially when combined with a club’s colours and logos. This trend aligns with the growing focus of professional clubs on rebranding initiatives to enhance their marketing appeal.

Registering a trade mark grants its creator all the relative IP rights and protection against:

• any unlawful use of said trade mark;
• any potential registration of similar competing trade marks; and
• any attempts at counterfeiting, usurpation or alteration.

Further, clubs can also leverage criminal laws that penalise anyone trading in or introducing counterfeit goods in Italy (Article 474 of the Italian Criminal Code), and obtain prompt support from public enforcement officials. Also, sports leagues collectively negotiate with third-party agencies in the interests of their affiliates to engage private investigation services to discover and prevent counterfeiting.

Existing trademarks owned by others, even if less well-known, can limit a club’s ability to expand its trademark protection to new product categories. In a notable case, AC Milan submitted a request in 2017 for EU registration of its trade mark regarding, among others, office items; however, a German firm that held the word mark MILAN relating to office items, filed an opposition to the EUIPO in order to avoid confusion among German consumers. The EUIPO and the EU Tribunal upheld the objection based on the likelihood of the two trade marks being confused.

Copyright is regulated by Law No 633/1941 (the “Copyright Law”), which safeguards works of creativity (including databases) across various mediums, including literature, music, figurative arts, architecture, theatre and cinematography. Through copyright, authors gain the exclusive right to use and publish their work, as well as the “moral rights” to claim authorship and act against misrepresentation or damage to their reputation. Copyright lasts for the author’s lifetime and up to seventy years after death, while moral rights are perpetual and transferable through inheritance.

Copyright holders are protected in several ways: generally, the breacher is ordered to stop using the protected work and compensate any harm caused to the copyright holder. The breacher may also be ordered to destroy any infringing materials.

Unlawful conduct under the Copyright Law is also punished through administrative and criminal sanctions (eg, imprisonment and fines).

Copyright Law is pivotal in the sports sector as it can offer protection to the image rights of athletes, including their faces, jersey numbers, likenesses and signature moves. A notable copyright case involved football team Inter Milan, whose official “stadium anthem” could no longer be played due to a dispute between the club and the copyright holder of the song.

Image Rights are protected by the Italian Civil Code and the Copyright Law (see 5.2 Copyright/Database Rights).

The Civil Code (Article 10) safeguards the image of an individual in case of unlawful exhibition/publication or damage to their reputation, and entitles the right-holders to apply for the termination of the abuse. Image rights are untransferable, indefeasible and inalienable.

The Copyright Law (Article 96-97) establishes that an individual’s image can only be used or sold with their consent. The only exceptions occur when said reproduction is:

• justified by the notoriety or holding of public office of the person concerned;
• justified by the necessity of justice, security, scientific, educational or cultural purposes; or 
• related to facts, events, ceremonies of public interest or held in public.

During the 1980s, the FIGC, the Italian Footballers’ Union and leagues signed a covenant to regulate advertising activities of professional clubs and athletes, by which players were entitled “to use in any lawful and decent form their image, even for profit, to the extent it is not associated with the names, colours, jerseys, symbols or markings of the club they belong to or other clubs”. Similarly, clubs could allow their sponsors to use their players’ image for commercial purposes only in case of “team pictures” in uniform and to promote the sponsorship agreement with the club.

Currently, the Italian Footballers’ Union By-Laws (Article 26) grant to the Italian Footballers’ Union the use of players’ images and names related to professional activity, even for commercial purposes, and the possibility to grant said rights to third parties (eg, videogame producers).

Sometimes, federations put limits on the commercial exploitation of athletes’ images (connected for instance to images in the context of a national team), especially when federations’ technical sponsors are competitors of athletes’ technical sponsors.

Athletes may take any necessary action to stop any abuse of their image, unless they lawfully express their consent to the commercial exploitation of their image by third parties.

A noteworthy case recently involved SSC Napoli and the release of football jerseys bearing Maradona’s face. The consent to the club was given by the former player’s agent, but not by Maradona’s heirs, who applied to the Court of Naples to stop the agent from using Maradona’s image for commercial purposes.

Licensing is a contract by which the licensor grants the exploitation of its IP to the licensee in return for a fixed fee and/or royalties. It represents one of the most common ways for sportspeople to commercially exploit their IP and image (eg, through merchandise bearing the licensor’s logo).

Clubs have the widest powers to leverage their licensing agreements using the image of the team, whereas licensing to a third party the image rights of a single athlete will be subject to the latter’s consent; similarly, whenever a club is willing to use and/or license the image of minor athletes, the consent of their parents/guardians is also required.

Athletes’ Data

Athletes’ biometric data is increasingly used for competitive and commercial purposes, subject to the athlete being informed and providing consent to the processing and usage of health data. In particular, professional teams usually collect athletes’ data through specific analytics software in order to implement tailor-made training methodologies for each athlete. Recently, football teams have been entitled to gather and consult live statistics during matches, so coaches now have more tools to make tactical decisions. On a commercial level, athletes’ biometric data is usually collected to facilitate scouting activities and to make video games and other digital content.

Spectators’ Data

Spectators’ data is generally used for commercial and statistical purposes, since registering consumers’ data and their preferences allows business operators to identify their preferences and offer products based on the latest trends (always subject to consent by the data owner). Additionally, spectators’ data is used for security reasons to help law enforcement authorities and event organisers to identify perpetrators of any offences.

Italian data protection legislation consists of the “Privacy Code” and ‒ most importantly ‒ of the EU Regulation 2017/679 (GDPR), which introduced a new approach that facilitates the traffic of data and holds data controllers and processors liable for any data breach and/or improper use.

Under the new legislation, it is possible to process personal data without consent in specific circumstances (eg, to perform a contract to which the data subject is party, complying with a legal obligation to which the controller is subject). However, special protection is still established for so-called sensitive data (eg, revealing racial or ethnic origin, political opinions, religious beliefs, trade union membership, genetic data, biometric and other health data, etc); use of this data is allowed only with the specific consent of the data subject or upon the occurrence of specific circumstances.

The GDPR has also strengthened the rights of data subjects in terms of:

• transparent data treatment;
• right of access;
• data rectification, erasure and portability;
• restriction of processing;
• objection; and
• communication of personal data breaches.

Personal data of athletes and spectators must be treated in accordance with the GDPR as well. Therefore, it is necessary to provide an adequate privacy policy to data subjects and obtain specific consent for sensitive data treatment.

Decree Law No 220/2003 regulates the independence of sports law from the ordinary law, “except for relevant cases for the State legal system related to subjective legal situations connected with the sports system” and establishes exclusive jurisdiction of sports bodies (see 1.4 Disciplinary Proceedings) for technical matters (eg, observance and application of sports regulations) and disciplinary matters.

For technical and disciplinary matters, sportspeople must compulsorily apply to the competent sports justice bodies, whose decisions cannot be challenged before ordinary/administrative courts unless said matters require the solution of “relevant cases for the State legal system” (eg, criminal offences).

For administrative disputes (eg, enrolment, affiliation and registration to competitions), the parties need to pursue remedies before sports justice courts (each federation ensures at least two levels of judgment and, in specific cases, it is possible to challenge said decisions to the CONI Collegio di Garanzia dello Sport; see also 1.4 Disciplinary Proceedings), before they challenge sports justice decisions before the Lazio Regional Administrative Court (Article 135.1.g of the Italian Code of Administrative Proceedings).

For disputes concerning labour and/or economic relationships between sports individuals and entities, the parties, in general, may apply to ordinary courts or refer the dispute resolution to arbitration. However, note that most collective agreements provide an exclusive arbitration venue for the resolution of said disputes (see 6.2 ADR, including Arbitration).

For criminal offences, two separate disputes – one before the ordinary court and one before the sporting justice bodies – proceed in parallel, and said duplication of disputes can sometimes lead to conflicting decisions (see 1.1 Anti-doping).

Arbitration courts can be used in labour and/or economic disputes in accordance with Article 806 of the Italian Code of Civil Proceedings and Article 4.3 of the CONI Sports Justice Code.

Arbitration for labour and/or economic matters is commonplace in Italian professional sports, as collective agreements stipulated by the players’, coaches’ and sports directors’ unions with federations and leagues, as well as professional contracts, all include arbitration clauses as an exclusive remedy.

Competent panels generally issue arbitration awards that are binding between the parties. Arbitration awards can only be challenged for invalidity under the Code of Civil Proceedings, subject to certain specific grounds and limitations.

Enforcement of Sports Sanctions

Federations have the power to impose sanctions on affiliates and members, since accepting sports law and justice ‒ including sanctions ‒ is an affiliation/membership requirement. Sports justice provides a wide range of sanctions, the extent of which depends on their recipients (eg, athletes or clubs), and the type and seriousness of the violation.

Examples of sanctions on clubs are warnings, fines, points deductions, transfer bans, relegation and exclusion from competition. Examples of sanctions on individuals are warnings, fines, temporary disqualification/ineligibility, bans from federation body activities and lifetime bans.

Also, mitigating and/or aggravating circumstances, unlawful association and recidivist conduct may be taken into account whenever they are provided by Sports Justice Regulations.

Sports justice decisions are binding on the parties and failure to observe them could lead to additional and more severe sanctions.

To verify compliance with federation rules, federations can be supported by internal supervisory bodies. For example, the FIGC and FIP are respectively supported by CoViSoC and ComTec, committees with ongoing monitoring, supervisory and control functions over professional clubs, especially in relation to the observance of economic and financial parameters.

Challenging Sports Justice Decisions

Only decisions concerning economic and administrative disputes can be challenged before ordinary/administrative courts. In particular, economic arbitration awards may be challenged before ordinary courts in accordance with the Code of Civil Proceedings. Administrative decisions may be challenged ‒ after exhausting sports justice dispute resolution mechanisms ‒ before the Lazio Regional Administrative Court. Decisions relevant to the State legal system can be challenged, and said relevance shall be assessed on a case-by-case basis. Please see 6.1 National Court System.

Professional and Amateur Sports before the “Sports Reform”

The relationship between sports organisations and athletes used to be regulated in a completely different manner depending on the professional or amateur status of the athletes. According to former Law No 91/1981, only professional athletes were employees and subject to specific provisions, such as derogations from labour law (eg, the inapplicability of certain provisions of the “Workers’ Charter” – eg, the prohibition on using audio-visual equipment and control instruments over employees, the prohibition on health checks on employees, procedures related to disciplinary sanctions imposed by federations, protection against wrongful termination, etc). They were also exempt from non-competition agreements due to the unique nature of their sports activities. 

Further, only professional athletes enjoyed labour protections like health and accident insurance, welfare, social security, and retirement benefits under the Civil Code or special laws.

Their employment contracts, based on standard forms compliant with relevant collective agreements, had a maximum duration of five years.

Conversely, amateur athletes were bound to their respective clubs and federations through membership (a so-called sports bond, see below) and they did not qualify as employees. Consequently, they were not subject to the application of Labour law or Law No 91/1981, and did not benefit from mandatory welfare and social security contributions. Economic relations were regulated through simple economic agreements and athletes were generally paid in the form of expense reimbursements, travel expenses, bonuses, etc.

Further, the duration of amateur relationships was subject to the “sports bond”, the rules of which were established by each federation and during which athletes could terminate their relationships with their clubs only if the latter released them or in exceptional cases regulated by each federation.

The “Sports Reform”

From July 2023, the new Legislative Decree 36/2021 introduced the new figure of the “sports worker”, which applies to all people involved in sport (eg, athletes, coaches, sports directors, trainers, referees, etc) who, regardless of their professional/non-professional status, are paid to perform sports activities.

Professionals are presumed to be employees, while amateurs are considered self-employed in the form of co-ordinated and continuous collaboration, unless it is proved that the services of the person involved in sport:

• are permanent in nature and exceed 18 hours per week (excluding those for participation in sports events); and
• are partly carried out in non-technical/sports aspects.

Under the new legislation, exceptions to labour law, as well as certain aspects typical of professional employment (eg, maximum contract duration, transfers of employees from one club to another, prohibition of non-compete clauses, etc) now apply even to amateur sports persons. Further, all sports employees now benefit from an insurance policy against work accidents and illnesses and also from legislative protections concerning workplace safety, health protection, illness, injury, pregnancy, parenting and unemployment. In relation to social security/welfare protections, sports employees can register with the Sports Workers’ Retirement Fund at the National Institute for Social Security (Istituto Nazionale della Previdenza Sociale) (which can also be accessed by the self-employed if specific conditions are met).

Abolition of the “Sports Bond”

Another major innovation of the new Sports Reform is the abolition of the “sports bond” for non-professional athletes, thereby granting athletes more freedom to change clubs, while providing clubs with compensation for training young athletes.

Article 31 of Legislative Decree No 36/2021 orders the elimination of the sports bond by 1 July 2023 (or 1 July 2024 for renewals of previous memberships). Nevertheless, clubs will be entitled to training compensation whenever one of their young athletes signs their first professional/amateur sports work contract with another club.

Said compensation shall be distributed proportionally to all the training clubs attended by the athlete during their youth based on the duration and the extent of said training. Compensation is calculated based on the athlete’s age and the economic value of the first contract with the new club, with specific criteria set by each federation.

Employer/employee relationships are generally regulated by the law and collective agreements ‒ stipulated by athletes’, coaches’ and directors’ unions with the relevant federations and leagues ‒ establishing respective rights and obligations. Said rights and obligations may be general (eg, duty of loyalty) or specific (eg, limits to the performance of other sports, work or business activities during the contract term) and may vary depending on the sportsperson under consideration.

In case of breaches of the collective agreement, the sportsperson may receive sanctions (eg, warnings, fines, salary reduction and, in the most serious cases, compensation for damages and the termination of the contract); while the club may be mandated by the competent panel to stop said breach, compensate all damages caused to the counterpart and, in the most serious cases, terminate the contract.

Disputes on employer/employee relationships are generally referred to dedicated arbitrations (see 6.2 ADR, Including Arbitration).

Disputes involving players often arise from a player’s exclusion from the first team training sessions, mobbing, unpaid salaries, damage to the reputation of the club and/or its management, etc. Examples of disputes involving coaches and sports directors often involve actions harming the employer’s reputation during the employment term.

The number of foreign athletes allowed to participate in Italian sports varies depending on the league and federation rules.

For example, for the 2023-24 season, the FIGC stated that Serie A clubs could sign a maximum of three non-EU players from abroad, while Serie B and Serie C clubs could only sign Italian and EU athletes.

Rules and restrictions related to foreign athletes are also established by other National Federations (professional basketball, for instance, has looser restrictions on foreign athletes compared to its amateur counterpart, which prioritises Italian-trained players).

In any case, teams must observe Italian legislation on entry visas for non-EU citizens.

Despite esports being a rising phenomenon in Italy, no specific legislation has been created so far.

Therefore, there is no legal definition of a “professional video gamer” and no dedicated tax regimes. Legislation on professional sports is not applicable; therefore, professional video gamers are deemed self-employed persons. Consequently, they are subject to the general legislation applicable to self-employment, particularly concerning tax obligations.

It is also common to find underage professional video gamers in various esports events; their activity is subject to limitations under general underage labour legislation.

In this non-regulated scenario, Italian members of Parliament have recently introduced multiple draft laws to lay the groundwork for the regulation of esports.

Nonetheless, sports organisations are exploring the world of esports (eg, the Italian “Lega Serie A” organises the “E-Serie A”, a virtual Serie A football championship).

In recent years, Italian women’s sports have seen growing interest from the public, television networks and sponsors. While some disciplines (especially volleyball) have always been highly popular among women, football is the fastest-growing discipline among Italian women’s sports.

The FIGC began a path of reforms involving professional clubs, granting exceptional authorisation to buy the sporting title of women’s amateur clubs. This led to the establishment of Women’s Serie A – the first professional women’s competition in Italian sports.

Despite increasing numbers, female athletes continue to face substantial disadvantages and discrimination compared to their male counterparts, especially in professional sport. This has motivated international institutions to take action against discrimination (eg, the FIFA RSTP – especially Article 18-quarter – has established protection for female footballers’ rights to maternity leave and their right to work during and after pregnancy, with severe sanctions on breaching clubs and on federations failing to guarantee these protections).

Italy’s legislature advocates for gender equality in sports, and the “Sports Reform” takes into account gender equality as one of its purposes, establishing the “Fund for professional women’s sports” and promoting gender equality in sports management and administration roles.

Most importantly, due to the introduction of the “sports worker” figure, all sportswomen are now eligible for welfare, retirement, and social security protections (including those related to pregnancy and maternity) that the law had not historically granted to any amateur or female athletes (see 7.1 Sports-Related Contracts of Employment).

Female professional athletes can take advantage of all aspects of professional sports contracts, such as engaging in collective agreements, the adoption of a standard employment contract and the right to be assisted by a sports agent in transfer operations, etc.

NFT and Italian Law

Despite their increasing relevance, NFTs are not regulated by Italian Law. Awaiting specific regulations at national and European levels, law operators are trying to regulate NFTs through the analogical application of several pieces of legislation regarding similar assets (eg, in terms of copyright, money laundering, consumer protection, etc).

NFT and Italian Sports

Due to the popularity of NFTs with sports fans, sports organisations and athletes are increasingly entering into agreements with NFT companies in order to create unique collections to be placed on the market.

This is the case with the football Serie A, which has entered an agreement with French NFT platform Sorare, the basketball Serie A1, which has issued a collection of NFTs on the occasion of the 2022 Italian Cup Final Eight, and many important clubs (eg, Inter Milan, AC Milan, Juventus, AS Roma, SS Lazio).

Sponsorships

In addition to the initiatives above, crypto companies are trying to increase their brand value and widen their fan base though the subscription of sponsorship agreements with leagues and clubs: the most relevant examples involve entities like Lega Serie A, Inter Milan, AC Milan, AS Roma and SS Lazio, and companies like Socios, Zytara Labs, BitMEX and Binance.

However, the volatility of the cryptocurrency market, particularly its recent downturn, has led to crises for several crypto companies. This instability has resulted in disputes, especially in cases where sponsored football clubs have faced non-payment of fees per their sponsorship agreements.

Brexit also had an impact on sports in Italy, in particular in relation to freedom of movement and limitations to non-EU citizens (see 7.3 Free Movement of Athletes). British athletes are non-EU individuals, therefore they are subject to all the limitations established by the law, federations and leagues in relation to foreign and/or non-EU athletes.

The use of AI in sports is becoming pivotal as it represents a means to improve the quality of sports performance and scouting (see 5.5 Sports Data), offers a better match experience to fans (eg, live statistics), provides more accurate refereeing during competitions (eg, VAR/Instant Replay, Hawk-Eye, etc), enhances sponsorship, ticketing and media opportunities by better targeting audiences and tailoring marketing products.

Despite its potential, AI also poses serious risks, especially in relation to the use of people’s biometric data for illegal purposes and indirectly increases the risk of personal data breaches (eg, data of fans). For these reasons, sports organisations will be required to make investments in cyber security and monitoring systems to prevent potential risks.

Moreover, the evolving landscape of EU regulations around AI will likely impose further limitations on its usage. The European Union is actively working to enhance regulations to ensure the safe and transparent use of AI within member states.

The Metaverse offers many opportunitiesfor revenue generation and enhancing the fan experience.

For example, clubs can duplicate ticketing revenues through the creation of their own stadium in the Metaverse, and fans can enjoy an immersive experience within a sporting event wherever they are.

However, the integration of the Metaverse in sports also raises significant concerns, echoing issues related to AI and personal data management (see 12.1 AI Overview). The primary risks involve the potential for unauthorised leakage and misuse of sensitive personal data, including images and biometric information of users. Additionally, the ability to monitor user habits within the Metaverse could lead to undue influence on consumer behaviour and personal choices, posing ethical and privacy challenges.

The adoption of the Metaverse in Italian sports is not widespread yet, and the legal framework is yet to catch up with this technological advancement. However, Lega Serie A in 2022 was the first professional league to show an official football match in the Metaverse in selected jurisdictions. More recently, to promote the upcoming 2024 European Athletic Championships, the whole venue of the competition (Rome Olympic Stadium) can be visitable in advance through the Metaverse, where famous athletes will be represented by avatars.