In short: Every announcement of a price reduction must show the prior price: the lowest price applied in the thirty days before the discount (Directive 98/6/EC, which in Italy is Article 17-bis of the Consumer Code). If you display reviews, you must say whether and how you check that they come from people who actually bought or used the product. You cannot publish fake ones (in Italy, Articles 22 and 23 of the Consumer Code).
Two elements on a product page decide a great many sales: the discounted price and other customers' reviews. They are also the two areas where EU law has stepped in hardest, with Directive (EU) 2019/2161, known as the Omnibus Directive. In Italy it was transposed by Legislative Decree No. 26 of 7 March 2023.
This is a practical guide, not legal advice.
The struck-through price: the thirty-day rule
Article 6a of Directive 98/6/EC states that every announcement of a price reduction must show the prior price. The prior price is the lowest price the trader applied in the thirty days before the reduction. In Italy the rule sits in Article 17-bis of the Consumer Code (Codice del consumo).
What it means in practice
- If a product costs €100 for twenty-five days and €80 for five days and is then discounted to €70, the prior price to show is €80, not €100.
- You cannot raise the price before a promotion to make the discount look bigger.
- The list price or the ‘recommended price’ can appear only in addition, and without causing confusion.
The special cases set out in Italy
Legislative Decree 26/2023 laid down the rules for special cases in Article 17-bis. Perishable agricultural and food products are exempt from the requirement. For products on sale for less than thirty days, you show the lowest price applied during that period and state how long it lasted. In discounts that increase in steps without a break, the prior price can remain the one before the first reduction. Prices charged in any below-cost sales are left out of the calculation.
How to handle it in your shop
- Keep a price history for each product, with the start and end date of every price.
- Have the system calculate the reference price, not a person.
- Check the promotions created by apps, extensions or marketplaces: each one can write a different struck-through price.
Customer reviews
The same directive updated the rules on unfair commercial practices (Directive 2005/29/EC, the Unfair Commercial Practices Directive). In Italy the rules sit in Articles 22 and 23 of the Consumer Code and cover three types of conduct.
- Say whether and how reviews are checked. When a shop displays reviews, information on whether and how it ensures they come from people who actually bought or used the product is material information (Article 22(5-bis) of the Italian Consumer Code).
- Don't make false claims. It is prohibited to state that reviews come from consumers who bought or used the product without taking reasonable and proportionate steps to check (Article 23, letter bb-ter).
- Don't publish fake reviews. Submitting fake reviews or endorsements, or commissioning someone else to, in order to promote products is always prohibited (Article 23, letter bb-quater).
How to set up reviews
- Collect them only after purchase, with an email invitation that carries an order identifier: it is the simplest way to verify them.
- Write a clear notice next to the stars: ‘Reviews come from customers who have made a purchase, and all of them, positive and negative, are published after a spam check.’ Only write what you actually do.
- Distinguish verified reviews from unverified ones.
- Disclose reviews obtained in exchange for a product or payment.
- Never write reviews, or have them written, on behalf of customers, not even as ‘examples’.
The consequences
Unfair practices are penalised by national authorities. In Italy the watchdog is the Autorità garante della concorrenza e del mercato (AGCM), the Italian Competition Authority. Consumers who have been harmed must have access to proportionate remedies, including compensation (Article 11a of the Unfair Commercial Practices Directive).
A six-point check
- Does the discount show the lowest price of the last thirty days?
- Do you have a price history for every product?
- Do your apps and marketplaces apply the same rule?
- Do your reviews come from real orders?
- Is there a truthful explanation next to the stars of how they are checked?
- Can you confirm that no review was written or bought by you?
Further reading: mandatory information for an online shop · Black Friday: what to prepare · Shopify e-commerce
Frequently asked questions
Which price should I strike through when I offer a discount?
The lowest price you applied in the thirty days before the reduction. Not the list price, nor the highest price in that period (Directive 98/6/EC, Article 6a, introduced by Directive 2019/2161).
Which Italian law transposes the thirty-day rule?
Article 17-bis of the Consumer Code, introduced by Legislative Decree No. 26 of 7 March 2023, which transposed Directive (EU) 2019/2161.
Can I show reviews without verifying them?
Yes, but you must say so clearly. When you give access to consumer reviews, information on whether and how you ensure they come from people who actually bought or used the product is considered material. What you cannot do is claim they come from genuine buyers if you have not taken reasonable steps to check.
Can I publish only the positive reviews?
The directive does not prohibit moderating reviews, but it considers it material to explain how they are processed, for example whether all reviews, positive and negative, are published or whether some are sponsored. Publishing fake reviews, or having them published, is always prohibited.