Giveaways, prize promotions and ads on social media: the rules in Italy
Rules for Instagram giveaways and prize competitions in Italy (Decree 430/2001), disclosed advertising (#adv, Digital Chart, AGCOM) and privacy.
In 30 seconds
- If there's payment (money or products), the content is advertising and must be recognisable straight away.
- A giveaway with prizes to promote a brand is usually a prize competition under Italian law (Presidential Decree 430/2001): notify the Ministry 15 days ahead, rules document, a 100% guarantee on the prize pool, a notary or chamber of commerce official.
- Personal data collected on social media is covered by the GDPR.
On social media there are three sets of rules every brand, even a small one, needs to know in Italy: advertising must be disclosed clearly (#adv, paid partnership label), giveaways with prizes are usually prize competitions governed by Presidential Decree 430/2001, and participants’ personal data is covered by the GDPR. Here’s what each involves, point by point.
1. Advertising on social media must be disclosed
If a creator (or even an employee or a friend) receives money, products or other benefits in exchange for content, that content is advertising. Viewers must understand it straight away:
- the platform’s partnership label (“paid partnership” or similar);
- a clear label at the start of the caption: #adv, #ad, “Advertising”, “In collaboration with…”;
- not buried among twenty hashtags at the end.
The references in Italy:
| Rule | What it says | Who enforces it |
|---|---|---|
| Consumer Code (Art. 22-23) | Hidden advertising is an unfair commercial practice | AGCM, fines from €5,000 to €10 million |
| IAP Self-Regulatory Code and Digital Chart | How to make online advertising recognisable (#adv, “Advertising”, “Sponsored by”) | The Advertising Self-Regulation Institute’s jury |
| AGCOM guidelines and code of conduct (2025) | Obligations for “relevant” influencers: at least 500,000 followers or 1 million average monthly views on one platform | AGCOM, fines up to €250,000 (€600,000 for child protection) |
Example of a correct label at the start of a post: “Ad – In collaboration with Five Leaf. I tried their matcha kit…”.
2. Giveaways and prize competitions
In Italy prize promotions are governed by Presidential Decree 430/2001. An initiative promising prizes to promote products or a brand, with winners chosen by chance or by skill, is a prize competition (concorso a premio), even if entry is free and even if it runs on social media.
The main obligations, according to the Ministry of Enterprises and Made in Italy (MIMIT):
| Obligation | What it means |
|---|---|
| Rules document | Promoter, duration, territory, how to enter, prizes and value, delivery times, the non-profit receiving unclaimed prizes |
| Notification to the Ministry | At least 15 days before the start, with form CO/1 through the online Prema service |
| Guarantee | Equal to 100% of the prize pool (net of VAT), in favour of the Ministry |
| Prize draw | Before a notary or a chamber of commerce official, who writes the minutes |
| Duration | At most one year |
| Prize delivery | Within 6 months of choosing the winners |
| Unclaimed prizes | Go to a non-profit (ONLUS) named in the rules |
In practice, for online competitions the rules also state that entry data is recorded on a server in Italy (or copied to Italy): check this with whoever runs the competition.
Writing “this giveaway is not affiliated with the platform” isn’t enough: that sentence is about the platform’s rules, not Italian law.
Prize competition or prize operation?
- Prize competition: prizes go only to some participants, chosen by chance or by skill (“we’ll draw 3 winners”).
- Prize operation: everyone who takes an action gets the prize (“a free gift with every €30 spent”). Different rules apply.
Platform rules
Instagram’s and Facebook’s rules apply on top of Italian law: for example, the organiser must release the platform from any liability and state that the promotion isn’t sponsored or administered by Meta, and must not encourage inaccurate tagging.
3. Privacy
Comments, messages and sign-ups contain personal data. Under the GDPR:
- don’t leave addresses, order numbers or phone numbers written by mistake in public;
- if you collect contacts (for a competition, a newsletter) you must say what they’re for and ask for consent where needed;
- respect anyone who asks not to be contacted again;
- a competition needs a privacy notice and data collected only for the stated purpose: to also use it for the newsletter you need separate consent, not required to enter.
More practical rules, on photos, music and alt text, are in UGC, customer photos and music.
Sources
A creator gets a free kit and shows it in a video. What's needed?
Correct! A product given in exchange for content still makes it advertising: disclose it straight away (#ad, the platform's label).
Not quite. Compensation can be a product; a thank-you hidden in the comments doesn't make the ad recognisable.
Frequently asked questions
Do AGCOM's rules apply to all creators?
AGCOM's 2025 guidelines and code of conduct have specific obligations for «relevant» influencers (500,000 followers or one million average monthly views). But the duty to make advertising recognisable applies to everyone.
Is a survey with a prize a competition?
It depends on how it's built. If there are prizes and the aim is to promote a brand or products, check against the Ministry's rules every time.
Is an Instagram giveaway legal in Italy?
Yes, if it follows the prize competition rules (Decree 430/2001): rules document, notification to the Ministry at least 15 days ahead, guarantee, prize draw before a notary or chamber of commerce official. A «DIY» giveaway drawn live in stories doesn't comply.
If the prize is small, do the same rules apply?
Yes, the rules don't depend on the prize's value. The law does provide some exclusions, for example certain competitions for artistic works where the prize recognises merit: they need assessing case by case.
Topics:Social mediaRules