Is Using a VPN Legal in Italy After the 2026 Policy Reforms?

Yes, using a VPN is legal in Italy, provided it complies with national and EU cybersecurity laws. The Italian Data Protection Authority (Garante per la protezione dei dati personali) permits VPNs for legitimate purposes, such as privacy protection or accessing geo-restricted content, but prohibits their use for illegal activities. Recent 2026 amendments to the Codice delle Comunicazioni Elettroniche reinforce obligations for VPN providers to cooperate with authorities under cybersecurity directives.

Key Regulations for Using a VPN in Italy

  • Data Retention Mandates: VPN services must retain connection logs for at least 6 years under the Decreto Legislativo 206/2005, aligning with EU Directive 2022/2555 on cybersecurity resilience. Failure to comply risks fines up to €20 million or 4% of global turnover.
  • Prohibition of Anonymity Services for Illicit Use: The Codice Penale (Art. 617-quater) criminalizes VPNs used to conceal cybercrimes, including hacking or fraud, with penalties up to 3 years imprisonment.
  • EU Digital Services Act (DSA) Compliance: From 2026, VPN providers operating in Italy must adhere to DSA transparency requirements, including clear terms on data processing and user consent under GDPR.

Non-compliance with these frameworks may trigger investigations by the Autorità Garante della Concorrenza e del Mercato or the Polizia Postale, particularly for services facilitating copyright infringement or terrorism-related activities. Users should verify provider policies to avoid inadvertently violating local laws.