IP, ICT & data insights – september 2025
In this second edition of the ‘IP, ICT & Data Insights‘ newsletter, Andersen Italy’s European Service Line professionals specialising in Data Protection & IP took an in-depth look at the key regulatory updates for 2025 relating to personal data protection, cybersecurity and intellectual property.
The transposition of the NIS2 Directive
Paola Finetto, our expert for Italy in the field of Data Protection & Cybersecurity, analyzed Legislative Decree No. 138/2024, which transposes European Directive 2022/2555 (better known as NIS2), with particular regard to the subjects to whom the regulation is addressed and the obligations provided for by the legislation.
Scope of application
The Decree aims to improve response capacity and resilience to cyber-attacks. It applies to public and private entities operating in the high-criticality sectors listed in Annex I (e.g. energy, transport, banking, financial market infrastructure, healthcare, drinking water, wastewater, digital infrastructure, ICT service management, public administration and space), as well as to enterprises carrying out activities classified as critical in Annex II (including the postal and courier sector and the food sector etc.).
Additional types of entities to which the decree applies are listed in Annexes III and IV.
Obligations under the legislation to strengthen cybersecurity
In addition to registering on the National Cybersecurity Agency’s (ACN) online platform by 28 February 2025, entities falling within the scope of application must adopt an appropriate governance system, internal IT structure and procedures to avoid administrative penalties of up to 0.1% of their annual global turnover.
This mainly involves adopting appropriate technical and organisational measures for cybersecurity risk management. These minimum measures include cybersecurity policies, incident response plans, vulnerability management, supply chain security and encryption, as well as procedures for reporting incidents that could significantly impact service provision.
The ministerial decree on historical trademarks
Emanuele Sacchetto, our expert in intellectual and industrial property law, analyzed the decree published in October 2024 by the Ministry of Business and Made in Italy, aimed at protecting and ensuring the continued use of trademarks of special national interest, which are an expression of the country’s manufacturing and cultural excellence and would otherwise risk disappearing due to lack of use by their original owners.
The scope of application and methods of protection provided for by the regulation
The decree applies to trademarks that have been registered or used for at least 50 years, with relevant notoriety, and are linked to Italian enterprises of excellence. The measure provides for two methods of protection: first, the Ministry can acquire trademarks that are no longer used by their owners free of charge, upon notification by enterprises intending to cease their activities. Second, the Ministry can obtain a declaration of forfeiture due to prolonged non-use for at least five years and then proceed with re-registering the same trademarks.
The objective of the legislation
The trademarks thus acquired will be licensed free of charge by the Ministry to enterprises that intend to invest in Italy, selected on the basis of projects evaluated for their solidity, employment capacity, and impact on the local productive fabric. The decree has two objectives: on the one hand, to preserve the economic and symbolic value of historical Italian trademarks; on the other, to encourage investment and promote national industrial development while respecting the heritage and identity of Made in Italy.
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