Amends golden power legislation to include certain intragroup operations with assets crucial for critical technologies

On 10 October 2023, Law No. 136/2023 entered into effect which converted Decree-Law No. 104/2023 (Asset Decree) into law and introduced amendments to the golden power legislation. The main changes specifically pertain to intragroup acts, operations, and resolutions involving assets crucial for critical technologies. The amendment expands the application of government "special powers" to include certain asset acquisitions in a list of critical technologies, when these assets are covered by intellectual property rights and involve entities outside the European Union (EU) within the same group. The intellectual property rights mentioned include those related to AI, semiconductor production machinery, cybersecurity, aerospace technologies, technologies for storing nuclear and quantum energy, and food production technologies. This legislative update ensures the government's ability to exercise special powers in cases involving non-EU entities.

• Type:

  • Entry and establishment (Approval and admission)

• Industry:

  • Manufacturing (Manufacture of food products, beverages and tobacco products, Manufacture of computer, electronic and optical products, and electrical equipment)

• Sources:

  • Gazzetta Ufficiale, LEGGE 9 ottobre 2023, n. 136, https://www.gazzettaufficiale.it/eli/id/2023/10/09/23G00148/SG, 09 Oct 2023
  • Gazzetta Ufficiale, DECRETO-LEGGE 10 agosto 2023, n. 104 , https://www.gazzettaufficiale.it/eli/id/2023/08/10/23G00119/sg, 10 Aug 2023
  • DLA Piper, Law Decree No 104/2023 “asset decree” converted into law, https://cdnscprodisr.dlapiper.com/en/insights/publications/2023/10/convertito-in-legge-il-decreto-legge-104-2023-cd-decreto-asset, 20 Oct 2023