The Professional Diligence in Unfair Commercial Practices, Especially in the Case of False Online Reviews on ThirdParty Platforms

ABSTRACT The decision No. 1586/2025 of the Lazio Regional Administrative Court makes a significant contribution to defining the principle of professional diligence in the context of unfair commercial practices, with particular reference to the management of online reviews and digital communication. The Court affirms that professionals are required not only to avoid direct misleading conduct, but also to ensure the accuracy and transparency of the entire communication chain that represents them, including collaborators and third-party platforms. Professional diligence thus takes on a substantial dimension, translating into a positive obligation of supervision, control, and prevention. The decision consolidates the ICA and the case law’s orientation toward a model of extended responsibility for digital professionals, based on compliance and active monitoring systems, for a more effective protection of consumer trust and economic freedom.

KEYWORDS Professional diligence - Unfair commercial practices - Dissemination of reviews - Third-party platforms

TABLE OF CONTENTS 1. The case. – 2. Unfair commercial practices and professional diligence. – 2.1. Unfair commercial practices: brief remarks. – 2.2. The professional diligence. – 3. The role of case law: the duty of professional diligence and the required degree of diligence – 4. The ICA’s previous cases. – 5. The case: the duty of diligence in the event of dissemination of reviews, particularly through third-party platforms. – 6. An extended liability regime for professionals.