Italy's Council of Ministers approved two draft legislative decrees under Law No. 132/2025 on 10 June 2026. Law No. 132/2025 (Legge 23 settembre 2025, n. 132, titled Disposizioni e deleghe al Governo in materia di intelligenza artificiale) entered into force on 10 October 2025, making Italy the first EU member state to enact a national AI statute aligned with Regulation (EU) 2024/1689. The decrees are the primary delegated legislation needed to operationalise the Law and are now before Parliament for advisory opinion before final promulgation by the President of the Republic.
The first decree implements Articles 31 and 32 of Law 132/2025 on national supervisory authority powers and addresses AI use in educational institutions, requiring schools and universities using AI-assisted decision tools to maintain human oversight and transparency toward students. The second decree addresses AI in law enforcement, setting biometric surveillance restrictions; civil liability for AI-caused damage applied via Article 2050 of the Italian Civil Code (strict liability for dangerous activities); and new criminal offences for intentional misuse of AI systems. Under Article 16 of Law 132/2025, all implementing decrees must be promulgated by 10 October 2026.
AI system providers and deployers operating in Italy must monitor the implementing decrees through the parliamentary advisory process. Employers using AI in recruitment, workforce monitoring, or performance assessment face obligations under the first decree. Law enforcement bodies must review AI surveillance tools against the biometric restrictions in the second decree. Businesses deploying AI systems that cause harm to Italian users may face strict civil liability claims once the second decree takes effect. Professional orders, including lawyers and accountants, must adapt their internal governance regulations within six months of final promulgation.
The decrees remain in draft form and their final text may differ from the Council of Ministers' approved version following parliamentary advisory review. The implementing decrees apply alongside the EU AI Act and its delegated acts and are subject to consistency review to avoid conflict with directly applicable EU law. Companies operating across multiple EU member states should note that Italy's national statute introduces civil and criminal liability provisions that go beyond the EU AI Act's own penalty structure.
Licentium advises businesses operating in Italy on AI law compliance under both Law 132/2025 and the EU AI Act. Contact us to discuss your position. Work we undertake includes Italian AI law compliance gap analysis, implementing decree monitoring and impact assessment, employer AI governance policy drafting, civil and criminal liability risk reviews for AI deployments, and multi-jurisdictional AI regulatory comparison for international businesses across EU member states.