For years, e-commerce has relied on the familiar “click and accept” model to conclude online contracts. A recent ruling by the Italian Supreme Court now prompts a broader discussion on the legal value of digital consent, particularly where contractual clauses impose significant obligations on one of the parties.

The issue is examined by attorney Mariagiusy Portogallo and Carlo Cunto of QLT Law & Tax in an article published in Huffington Post, analysing the implications of Supreme Court Order No. 20945 of 20 June 2026.

According to the authors, the Court reaffirmed that simply ticking a checkbox may not be sufficient to validly approve unfair contractual clauses. Instead, specific consent must be expressed through a suitable electronic signature mechanism whenever required by law.

Rather than undermining e-commerce, the ruling encourages companies to review their online contracting procedures and ensure that users receive clear information and provide informed consent before accepting contractual terms.

The article explores the potential impact of the decision on digital platforms, businesses and professionals operating in the online marketplace.

Read the full article on Huffington Post.