This decree provides a precise definition of what is considered a “ prize competition and operation ” (read Article 1 and Article 2), clearly identifies who can promote competitions and prize operations (read Article 5) and establishes a definitive regulation on the obligations that the promoters of such competitions must respect (read Article 7 and Article 10).
The text of the decree is very interesting and exhaustive: we suggest you read it in its entirety if you plan to organize a giveaway soon.
In a nutshell, however, we can tell you that in 2022, giveaways in Italy are considered online prize competitions in all respects and, as is obvious, to be legal they must comply with all the requirements set out in the decree and must follow a precise bureaucratic procedure.
The Requirements for Hosting a Giveaway on Instagram
In Art. 5 of Presidential Decree 430/2001 we read that:
Competitions and prize operations are new zealand whatsapp shopping data carried out only by manufacturing or commercial companies that supply or distribute the promoted goods or services and by organisations representing economic associations between companies set up in the form of consortia and companies, including cooperatives.
Translated, this means that only and exclusively companies can organize contests and giveaways :not private individualsand not even, as one might mistakenly think,freelancers or self-employed professionals with a VAT number.
Therefore, not even influencers or creators, unless they fall into one of the very rare exceptions , that is, relating to the modest value of the prizes up for grabs (e.g. calendars or small gadgets) or the artistic/scientific/literary purpose of the contest.
To summarize : businesses and companies can organize giveaways, as long as they follow the correct bureaucratic procedure, while private individuals and influencers cannot. If you happen to see an influencer on your Instagram profile intent on promoting their giveaway, know that 99% of the time what they are doing is illegal.
Another issue, however, is the use of influencers by a brand to promote a contest or giveaway organized by the company: in this case, influencers can promote a giveaway organized by third parties, because the law does not prohibit it .
Another requirement imposed by the decree is the registration of giveaway participants on Italian servers or in any case located in Italian territory, or at least the presence of a mirroring service that can transport participants' data from abroad to Italian territory. Thanks to platforms like Leevia, which allow those who wish to mirror from Instagram's foreign servers to Italian servers, this "problem" is easily solvable.
