Italy is formalizing the implementation of the European Artificial Intelligence Act through Legislative Decree No. 179/2026, establishing a multi-agency oversight framework involving AgID, the National Cybersecurity Agency (ACN), the Privacy Guarantor, and sector-specific regulators alongside regulatory sandboxes for technology testing, Altalex reported.
The Bottom Line
- Legislative Decree No. 179/2026 divides supervisory enforcement powers among AgID, the National Cybersecurity Agency, and the Privacy Guarantor.
- Legislative Decree No. 160/2026 introduces modified rules on the burden of proof and causal presumptions for civil damages caused by artificial intelligence systems.
- Constitutional Court Ruling No. 164/2026 struck down specific Emilia-Romagna regional provisions that imposed disproportionate urban planning constraints on short-term rentals under the justification of combating overtourism.
Decree 179/2026 Establishes Regulatory Authorities and Testing Sandboxes
The regulatory alignment with the European AI framework divides supervisory duties among established national bodies. Filippo Bagni, Legal Officer at the European Commission, and attorney Andrea Benvenuti analyzed the text of Legislative Decree No. 179/2026. The legislation apportions jurisdiction among the Agency for Digital Italy (AgID), the National Cybersecurity Agency, the Garante per la protezione dei dati personali, and other sector regulators.
To balance compliance with technological development, the decree introduces regulatory sandboxes. These controlled environments allow entities to test novel AI systems under regulatory supervision before broader commercial deployment.
Burden of Proof Shifts in AI Civil Litigation under Decree 160/2026
Complementing the administrative framework, Legislative Decree No. 160/2026 addresses civil liability and compensation for harms generated by artificial intelligence. Giovanni Maria Riccio, Professor of Comparative Private Law, detailed the provisions governing damage claims.
Litigants claiming injury from an AI system gain legal avenues to access technical documentation regarding the system’s operation. The decree establishes specific presumptions concerning the causal link between system deployment and the resulting damage, altering procedural dynamics for technology-related disputes.
Constitutional Court Rejects Regional Short-Term Rental Constraints
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