Online contracts have become the standard way for businesses and consumers to enter into agreements. A recent ruling by the Italian Supreme Court, however, raises important questions about whether the traditional “click to accept” mechanism is sufficient to demonstrate valid consent, particularly where unfair contractual clauses are involved.

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

The authors explain that simply ticking a checkbox may not always constitute adequate evidence of specific consent for unfair contractual terms. Instead, the Court places renewed emphasis on informed consent, contractual transparency and the need for digital procedures capable of clearly documenting the user’s intention.

For businesses, the ruling highlights the importance of reviewing online contracts and digital acceptance procedures to ensure compliance with civil law principles while maintaining user-friendly digital services.

The article provides practical insights into the implications of the decision for digital platforms, companies and legal professionals involved in electronic contracting.

Read the full article on Agenda Digitale.