Artificial Intelligence: National Legislation Enters into Force (Legislative Decree 179/2026)

1. The fact

   On October 8, 2026, Legislative Decree 179/2026 was published in the Official Gazette, integrating the European AI Act framework into the Italian legal system. According to reports by Altalex and Il Quotidiano Giuridico, the legislation officially entered into force on October 23, 2026, initiating an initial implementation phase that imposes new standards of vigilance on professionals and businesses. The specialized press, including LinkedIn Forense, has highlighted that the measure is intended to prevent the full automation of sensitive decisions, particularly in legal and employment contexts. Currently, no judicial rulings have been issued on the matter, but the Supervisory Authority has already launched initial monitoring activities concerning the compliance of systems used by professional firms. Public debate has centered on the applicability of sanctions for so-called omitted disclosure, a critical and unresolved issue concerning the failure to notify clients about the use of AI software in case management.

2. The norms at play

   The core of the legislation rests on EU Regulation 2024/1689, which in Art. 50 imposes transparency obligations for artificially generated content and in Art. 99 provides for fines of up to 35 million euros for the most severe violations. At the national level, Legislative Decree 179/2026 introduces in Art. 41 the principle of human oversight, prohibiting decisions based solely on algorithms in professional or employment contexts. Art. 47 establishes continuous professional training obligations for members of professional associations, while Art. 49 addresses fair compensation, allowing professional fee parameters to be modulated according to technological contribution. Finally, Art. 13 of Law 132/2025 imposes a specific duty of disclosure on lawyers, requiring them to explicitly inform clients whether and how AI will be used in executing the mandate.

3. What case law says

   Given its recent entry into force, trial courts have not yet issued specific rulings on Legislative Decree 179/2026, but interpretative approaches are taking shape by analogy. It is widely held that an error caused by a technical tool does not exempt the professional from civil liability, as the duty to verify the final result remains intact. In parallel, European authority guidelines emphasize that the deployer (the professional user) is the guarantor of algorithmic output accuracy. The Data Protection Authority has also reiterated that deploying AI systems without a prior impact assessment violates the principle of accountability, a view that commentators extend to the professional's contractual liability toward the client.

5. Analysis drafted and verified with edit.legal

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8. What it teaches professionals

   1. Immediate transparency: update client engagement letters with specific clauses disclosing the use of generative AI systems.
   2. Substantial review: go beyond a superficial check and document the human validation process for algorithmically generated documents.
   3. Mandatory training: monitor the April 23, 2027 deadline for compliance with professional order training requirements.
   4. Risk management: ensure that professional indemnity insurance policies cover damages arising from software errors or hallucinations.

References: D.Lgs. 7 ottobre 2026, n. 179Regolamento (UE) 2024/1689 (AI Act)Legge 132/2025 (Legge Quadro AI)Articolo 1176 Codice CivileArticolo 2230 Codice Civile

Editorial oversight: Avv. Federico Papa·ICAMUpdated 12 October 2026Content drafted with AI support and subject to editorial source checks. Despite these controls, inaccuracies may remain: reports and rectification requests are welcome. Report a correction