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 where such conduct is carried out for the purpose of unlawfully enhancing athletic performance or altering doping test results. The offence requires intentional conduct and a specific aim of altering athletes’ competitive performances and/or changing the results of doping tests. To commit the offence, it is sufficient that the substance or practice can modify the athlete’s psycho-physical or biological conditions without therapeutic justification.

Trading in doping 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 sportspersons 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 (WADA) as the competent entity on anti-doping in Italian sports. 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 the 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.

The Relationship Between Criminal Justice and Sports Justice Regarding Doping Matters

An emblematic case with respect to the relationship between criminal justice and sports justice in doping matters concerns former race walker Alex Schwazer. This is one of the most complex and significant anti-doping cases in Italian sports in recent history and highlights 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 did not commit 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.

Another notable recent case involving an Italian athlete relates to tennis world No 1 Jannik Sinner. Despite attracting significant media attention, the conduct of Sinner and his team – including his physician and trainer – was deemed unintentional and resulted in a period of sporting ineligibility agreed with WADA. No criminal liability arose under Italian law, as Article 586-bis requires intentional conduct aimed at altering performance.

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
• 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 occurs.

Sports fraud is also sanctioned under all the Italian Federations’ Sports Justice Regulations. For example, Article 31 of the Italian Football Association (Federazione Italiana Giuoco Calcio, or FIGC) Justice Code sanctions 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 the case of multiple offences, or if the manipulation of a result or a tournament advantage is obtained.

A notorious case in 2006 involved several directors and managers of well-known Italian football clubs, as well as certain members of the Italian Referee Association. The investigation resulted in 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. Another case in 2015 involved a football club of Serie B whose director and some officials were found guilty of match fixing and fraudulent conduct for the purposes of avoiding relegation.

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 are designed to combat illegal betting and match fixing. Article 24 of 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 Federal Prosecutor. The same conduct is relevant under criminal law to the extent that it constitutes fraud in sports competition (see 1.2 Misconduct and Match-Fixing).

A recent betting-related case in Italian sport concerns a professional footballer who, between 2021 and 2023, was involved in an organised system of illegal betting and gambling activities carried out through online platforms. The investigation further revealed the existence of a structured mechanism for managing and concealing betting-related financial flows, including the use of third-party accounts and simulated commercial transactions to disguise payments connected to gambling losses. The FIGC Federal Prosecutor charged the football player with violations of the rules prohibiting registered individuals from engaging in betting activities and from using non-authorised gambling platforms, and imposed a 12-month sporting ban, of which seven months were to be served as an effective suspension from competitive football, while the remaining five months were converted into alternative measures.

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 Italian Customs and Monopolies Agency (ADM) and international technology providers to monitor betting flows, detect suspicious patterns and exchange integrity-related information.

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 outcome. During hearings, parties can be present, be heard equally, and introduce evidence (documents, testimonies, expert opinions). The panel may request additional evidence, and parties can submit 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 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, trendy lifestyle merchandise (eg, capsule collections, collaboration with designers and music artists) and digital content to be marketed via non-fungible tokens (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 illicit ticket resale, the resale of tickets at inflated prices and/or through illegal channels is prohibited. Furthermore, authorised retailers are now required to implement name change services and/or facilitate ticket resale at their original retail value.

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, favouring projects for the construction and revamping of sports facilities.

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 such as 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.

It is also common for sponsors to secure licences from clubs 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 is 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 with 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 (such as 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 more transparent and efficient broadcasting rights market. Competition organisers oversee 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, in the Italian market, 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. On the other hand, following further amendments to the Melandri Law in 2023, more flexibility has been introduced into the commercialisation of broadcasting rights on the international market.

The Melandri Law establishes criteria for distributing broadcasting revenues 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, the FIGC outlines specific minimum requirements in its National Licensing Systems Annex. These requirements vary based on competition importance and cover aspects such as:

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

Further, organisers must also comply with the relevant federation rules regarding technical equipment suitability, athlete well-being, and the safety of all event participants.

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 1218 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, when purchasing tickets, it is common to find limitation-of-liability clauses on tickets or regulations accepted by spectators, 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 (Article 36.2 of the Consumer Code) and are ineffective in cases of wilful misconduct or gross negligence (Article 1229 of the Civil Code).

Prevention of Violence and Disorder in Football

Organisers must 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 the 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.

Specifically for football, Articles 25 and 26 of the FIGC Justice Code establish strict liability for 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.

Further, since 2009, professional football clubs have adopted the so-called Tessera del Tifoso, a membership card that is mandatory for all visitor supporters and even for home supporters in matches deemed by the public authority to represent a risk to public order.

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.

Furthermore, 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.

The above legal forms allow clubs to meet demands for transparency and accountability given the growing commercialisation of sport and the involvement of professional investment funds as shareholders and investors of football clubs. For instance, the adoption of the joint stock company form allows managers to issue bonds and other financial instruments to finance daily operations, which can be underwritten by professional investments and, to a certain extent, other individuals.

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 that individuals acting on the club’s behalf hold personal liability for any debts. Conversely, recognised ASDs and SSDs have patrimonial autonomy, meaning that the liability of members is limited to the capital contributed. Owing 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 – in so far 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 for evaluating, monitoring, preventing and managing the 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, under penalty of disciplinary sanctions:

• 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 (eg, safeguarding models); and
• appoint a Safeguarding Officer.

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 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 “National Licensing System 2025/2026” 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, insolvent clubs are excluded from competitions and their affiliation is revoked.

Moreover, under the FIGC NOIF, clubs that enter into debt-restructuring procedures in business continuity are also subject to disciplinary consequences, and specifically to a ban from registering new players for up to four transfer windows.

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) would 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. 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 and Culture Credit Institute

The Sports and Culture Credit Institute (Istituto per il Credito Sportivo e Culturale) 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 still heavily rely on investments made by private owners, although the amount invested remains limited relative to some other countries. However, there is now a growing trend of international investors showing interest in acquiring Italian football clubs. More recently, this trend further developed with the involvement of professional investment funds as shareholders of major Italian football clubs and with the internationalisation of club ownership, where, for instance, half of the Serie A clubs are owned by foreign entities.

Funding for Federations

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

• 50% 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
• 20% is based on efficiency and sustainability in sport management.

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.

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 valid registration in the entire EU.

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 expresses 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, nowadays Italian courts 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 intellectual property 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 trade marks owned by others, even if less well-known, can limit a club’s ability to expand its trade mark 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 70 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).

The 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 the 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; and
• 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 the case of “team pictures” in uniform and to promote sponsorship agreements 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.

Given that personality and image rights are directly protected under Article 10 of the Italian Civil Code (see 5.3 Recognising Personality/Image Rights), as well as under the Copyright Law, actions to safeguard those individual rights may be brought even if there is no actual intellectual property registration and irrespective of the existence of any actual goodwill associated therewith.

Pursuant to the above, athletes may take action to stop any abuse of their image, through one or more of the following remedies:

• injunctive relief, whereby the court orders the immediate cessation of the unlawful exploitation of their image by third parties;
• compensation of the damage pursuant to Article 2043 of the Civil Code (general tort liability); and
• publication of the court’s decision to restore the party’s reputation.

In the event that unlawful image exploitation affects multiple individuals, the legal framework allows collective enforcement; and, often, sports associations themselves offer protection tools available to their members.

In football, for instance, the Italian Footballers’ Association (AIC) has an active standing to act in defence of its members pursuant to Article 26(5) of its Statute, whereby the AIC is entitled to undertake all initiatives and actions, including in court, necessary and appropriate for the protection of the rights to a portrait, name and pseudonym of the associates. On this basis, the AIC may seek collective injunctive relief and claim damages in cases of widespread unauthorised exploitation, without requiring individual mandates.

Licensing is a contract by which the licensor grants the exploitation of its intellectual property (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.

IP rights, such as trade marks, are governed by the Italian Industrial Property Code, whereas copyrights are governed by Law No 633/1941.

The transfer of rights is also subject to general contract law principles under the Civil Code.

Assignments for the transfer of IP rights must precisely indicate:

• which work, patent or trade mark is assigned;
• whether the transfer covers all rights or only certain economic rights (such as reproduction or distribution); and
• whether it extends to future versions, updates or translations.

Transfer can be final or temporary, in the form of a licence agreement, which can be exclusive or shared with other parties. Trade mark licensing is the most common form of transfer for the commercialisation of IP in the sports sector.

Assignments of registered IP rights (such as trade marks) must be recorded in the relevant public registers (UIBM or EUIPO). While lack of record does not affect the validity of the assignment between the parties, it renders the transfer unenforceable against third parties, potentially undermining legal certainty.

Limitations apply to the transfer of trade marks associated with football clubs, which typically bear strong connections with local municipalities and communities and, on a practical standpoint, cannot be transferred without the concurrent transfer of the sport title, to be approved by the sport federation.

Other limitations apply to the transfer of individual rights, whereas image rights cannot be transferred; on the contrary, only economic rights pertaining to said image can be transferred allowing third parties to commercially use and exploit the image of the individual, in so far as the transfer of the title does not affect reputation and other personal rights.

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 EU Regulation 2017/679 (the “General Data Protection Regulation”, 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 GDPR, 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 Framework) for technical matters (eg, observance and application of sports regulations) and disciplinary matters.

For technical and disciplinary matters, sportspeople must apply to sports justice bodies. Their decisions cannot be challenged before ordinary/administrative courts unless they involve “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 CONI; see also 1.4 Disciplinary Framework), 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, in general the parties 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 Mechanisms).

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

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 Italian legal system can be challenged, and said relevance shall be assessed on a case-by-case basis. Please see 6.1 Role of National Court Systems.

Professional and Amateur Sports before the “Sports Reform”

Historically, relationships between sports organisations and athletes depended entirely on their professional or amateur status. 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”, such as 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 such as 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 (so-called sports bond, see below) and they were not 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, 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 non-professional sportspersons. 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 (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 ordered the elimination of the sports bond by 1 July 2023 (or 1 July 2025 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 the 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 for damages caused to the counterpart and – in the most serious cases – terminate the contract.

Disputes concerning employer/employee relationships are generally referred to dedicated arbitration (see 6.2 ADR Mechanisms). 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. Disputes involving coaches and sports directors often involve actions harming the employer’s reputation during the employment term.

In Italy and across the EU, the principle of free movement of workers prohibits nationality-based restrictions on EU athletes, as established by the Bosman ruling. Consequently, governing bodies may only impose quantitative limits on non-EU athletes.

In Italy, rules on non-EU athletes vary by league. Starting from the 2024/25 season, Serie A operates a flexible system allowing clubs to register up to two non-EU players from abroad per season, with certain clubs permitted to sign up to three depending on their existing squad composition; replacement obligations have been abolished, and British and Albanian players are treated as EU-equivalent. By contrast, Serie B and Serie C clubs may generally sign only Italian and EU players, with a limited exception for non-EU players already registered as professionals in Italian top-tier competitions.

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 recent years, women’s sport in Italy has experienced significant growth in visibility and commercial relevance, with football emerging as the fastest-expanding discipline. While sports such as volleyball have long enjoyed strong female participation, women’s football has undergone the most substantial structural transformation.

Over the past decade, the number of registered female footballers has increased from fewer than 19,000 to more than 31,000. A turning point occurred in the 2022/23 season, when Women’s Serie A became fully professional. Players are now employed under formal contracts, with full social security coverage and regulatory safeguards comparable to those applicable in men’s football. This shift marked not only a regulatory milestone but also a cultural one, reinforcing the recognition of women athletes as professional workers.

From a commercial perspective, media coverage and sponsorship interest have steadily increased, leading to higher broadcasting revenues and the gradual development of a transfer market. Although structural challenges remain ‒ particularly regarding infrastructure and matchday revenues ‒ the trajectory is clearly upward. The Italian women’s football sector is now positioned as a growing and increasingly structured segment of the national sports industry, with positive medium- to long-term commercial prospects.

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 Employment Contracts).

Most of the initiatives to accelerate the development of women’s sport locally have been realised following inputs from federations, specifically in sports usually dominated by male participation.

For instance, in football, federal regulations introduced at a national level forced football clubs with a professional male team to also develop a young sector of women’s athletes through the execution of partnerships with local teams, and involve local sport communities.

Other initiatives were developed independently from the male football clubs; an example is a women’s amateur football club established in Milan in November 2025, which operates independently from any men’s section and is expressly designed as a sporting, social and educational hub dedicated to female athletes. The initiative also promotes partnerships with schools, families and local associations and the development of a dedicated women’s sports centre in co-operation with the Municipality of Milan.

Esports in Italy has grown steadily in recent years but remains only partially regulated. There is currently no specific legislation defining esports as a recognised sport or providing a statutory definition of “professional esports player”. As a result, traditional professional sports law does not automatically apply. Pro-players are generally treated as self-employed individuals, unless their activity falls within the scope of the sports worker regime under Legislative Decree 36/2021, where applicable.

A key development occurred in July 2024, when CONI resolved to recognise the Italian Esports Federation as an Associazione Benemerita, effective from 1 January 2025. While this does not equate to full federation status, it represents a significant step towards institutional integration of esports within the Italian sports system.

Minor participation is subject to general labour law limitations. In the absence of sector-specific regulation, issues such as education compliance, rest periods and age classifications remain governed by general rules.

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).

Recent trends in Italy show increasing institutional consolidation and commercial expansion – especially in the football sector, which is by far the most developed.

The forthcoming CONI recognition is expected to strengthen governance structures and facilitate integration with the broader sports regulatory framework, including safeguarding and organisational compliance requirements. From a commercial perspective, notable trends include:

• the continued development of eSerie A and similar league-backed competitions, also for lower series;
• growing partnerships between esport teams and traditional clubs; and
• sponsorship agreements primarily involving technology, telecoms and digital brands.

The above trends are boosted by the involvement of primary traditional football clubs through the structuring of agreements with esports organisations, where the esports team provides the roster and management while the football club provides the brand and visibility. Other clubs (especially of lower series) select their players from their fan base, to increase engagement and connection with local communities.

Regulatory attention is increasingly focused on the employment classification of professional players, social security contributions, prize taxation and protection of underage players.

NFTs are not regulated by Italian law, and await 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). Owing to the popularity of NFTs with sports fans, sports organisations and athletes are entering into agreements with NFT companies in order to create unique collections to be placed on the market – though, despite an initial period of excitement, the interest seems to be waning.

The use of AI is pivotal in sports for improving performance and scouting (see 5.7 Data in Sport). It offers a better match experience to fans (eg, live statistics), provides more accurate refereeing during competitions (eg, VAR/Instant Replay, Hawk-Eye, etc), and 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 are required to make investments in cybersecurity and monitoring systems to prevent potential risks.

In light of the foregoing, the EU introduced Regulation 2024/1689, designed to manage and prevent potential threats arising from the use of AI. This regulation defines four distinct risk levels, with all applications deemed to pose an unacceptable risk – such as those intended for fraudulent purposes – being strictly prohibited. For the remaining three risk levels, the regulation imposes progressively stricter obligations to ensure responsible AI use.

The metaverse offers many opportunities for 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 10.2 AI). 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.