SME law, from today the crackdown on fake handicrafts
Article 16 of Law 34/2026 seeks to curb squatting in the handicrafts sector with penalties starting at 25,000 euro
A delegation of powers to the government for the reorganisation of the regulation of handicrafts and a ban, already in force since 7 April, on the improper or misleading use of the terms 'craftsman', 'handicraftsman', 'artisan'. It is in these two articles, 15 and 16, that are contained the interventions thatthe annual SME law (34/2026), in force since 7 April, has reserved for the craft sector in order both to rationalise, reorganise and update the regulations in force, so that they are in step with the new market requirements and technological evolution, and to provide greater clarity and legal certainty for companies wishing to use the designation of 'craft'. Article 16, 'Reference to handicrafts in advertising', intervenes to simplify the procedures for registration in the provincial register of handicraft enterprises, specifying that "No enterprise may adopt, as a company name or sign or trademark or in the promotion of its products or services marketed by it a name in which there are references to craftsmanship and the craftsmanship of the products and services, if it is not registered in the register referred to in the first paragraph and does not directly produce or manufacture the products and services advertised or offered for sale qualifying them as craft; the same prohibition applies to consortia and consortium companies between undertakings that are not entered in the separate section of that register'. On penalty, Law 34/2026 adds, 'an administrative penalty consisting in the payment of a sum of money equal to 1 per cent of the company's turnover. The penalty cannot, however, be less than EUR 25,000 for each violation'.
The reaction of Confartigianato
"The era of terminological ambiguity comes to an end. With the new legislation, contained in the annual SME law, the term 'craftsman' ceases to be an easy advertising adjective and becomes a legally protected title," comments Confartigianato president Marco Granelli. "The legislation introduces an unprecedented crackdown on abusivism, hitting those who usurp the prestige and quality of Italian savoir-faire represented by 1,250,000 craft enterprises employing 2,500,000 people. At the expense of this unfair competition - it is estimated that there are more than 850,000 unauthorised operators masquerading as artisan entrepreneurs - are above all the 588,000 regular artisan enterprises operating in the sectors most exposed to the infiltration of abusive practices and regulatory grey areas: from manufacturing excellence, such as food, fashion, and furniture, to service activities such as hairdressers, plumbers and car repairers. The tightening of terminology is accompanied, as mentioned, by the introduction of ad hocsanctions: any violation of the improper use of protected terms will be punished with an administrative sanction starting from a minimum of 25 thousand euro. "An end to unfair competition: authentic Made in Italy excellence wins," adds Granelli. "From today, whoever buys 'artisan' has the legal certainty of rewarding the work, ingenuity and passion of our true entrepreneurs."
Cna's satisfaction
The president of Cna, Dario Costantini, also expresses satisfaction with the new legislation. "It is now essential to ensure widespread controls by the competent authorities, to guarantee artisans and above all consumers. Thanks also to the commitment of Cna, which pushed for clear and incisive regulation, a simple but fundamental principle is re-established: craftsmanship is not a slogan, it is a trade. This is a significant measure for the guarantee of quality and the protection of craftsmanship identity, to safeguard the conscious and informed choice of consumers, who are often the victims of unfair competition practised by non-craft enterprises.
The reform of the sector
Article 15 of Law 34/2026 instead delegates the government toimplement the reform of the craft sector. In particular, it calls for:
- adapt the discipline, enhancing thefigure of the artisan entrepreneur, with a view to the development of business size and the removal of corporate constraints that are no longer appropriate, the intergenerational transmission of skills and the environmental, social and economic sustainability of the enterprise;
- centring the new discipline on the figure of the artisan entrepreneur and on his personal and professional contribution to the production process, and identifying quantitative criteria that define the concept of prevalence of the activity of producing goods or providing services with respect to instrumental and accessory activities and to the exercise of the artisan activity;
- promote the aggregation between craft enterprises, also by remodelling the network contract and other aggregative instruments, in order to improve the competitiveness and access to job opportunities and financing that cannot be obtained in the single dimension;
- allow the use of references to craftsmanship in the performance ofpromotional, advertising and sales activities only to companies registered in the register of craft enterprises, or in the relevant special section of the register of enterprises, and make effective thechecks on the possession of the relevant requirements.
Nine months are left to the Government to adopt the legislative decrees necessary to ground the craftsmanship reform project, fostering the competitiveness of small and medium-sized enterprisesItalian companies, protecting the creativity of true craftsmen and reassuring consumers on the actual truthfulness of the definitions proposed to them in advertisements.
