• any natural or legal person established in Italy who, on a professional basis, acting independently or through a third party, (wherever physically established), either manufactures or places on the domestic market a Product under their own name or trade name or registered trademark;
• any natural or legal person established in Italy who, on a professional basis, imports or first places on the national market Products manufactured by natural or legal persons not established in Italy;
• any natural or legal person not established in Italy who, on a professional basis, places Products on the national market directly to the consumer or end user by means of distance communication techniques.

To simplify:

• • Companies and brands that produce their own line of finished products by commissioning the manufacture to subcontractors wherever they are based (Italy, EU or non-EU);
  • Companies that import finished Products into Italy, i.e. a line produced abroad in the EU or outside the EU (e.g. under licence, but not necessarily);
  • Foreign companies that sell finished Products only online, via their brand’s website or marketplace.
  • Not covered by the decree are subcontractors who produce exclusively for third parties, or who under no circumstances affix their name or trademark to the products they manufacture. If, on the other hand, it is a double-branded Product, the specific case must be assessed.

Placing of products on the market

The first placing on the Italian market may be done directly to the end user or through wholesalers; it may be done in physical shops or online on a proprietary website/marketplace. Often it is possible that not just one path is followed, but a combination of these modes.
Placing on the market is deemed to be when the product is no longer under the direct responsibility of the person defined as the ‘Producer’. In 99% of cases, this involves sale, but the legislation also includes products rented or given away for free.