Italy’s updated regulatory framework for sports agents

The publication of the implementation of Legislative Decree No. 37 of 2021 on sports agents (the 'Decree') has at long last finalised the public regulatory framework governing the profession of sports agents in Italy, filling the gap to a reform introduced almost five years ago.

The Decree’s upcoming commencement on 3 February 2026 marks a significant intervention at a particularly sensitive and rapidly evolving moment for the sector. As recently as April, the Italian Football Association ('FIGC') had introduced its own Football Agents Regulations, cautiously aligning - at least in part - with FIFA’s regulatory framework and signalling a gradual move toward greater international harmonisation of the profession.

The Decree, however, reverses this trajectory by creating a wider divergence between domestic and international regulatory regimes. Its entry into force now compels Italian sports federations - and the FIGC in particular - to undertake yet another comprehensive revision of their rules to ensure compliance with a new body of primary legislation. This shift represents a marked departure from the alignment efforts previously seen at national association level, as well as from the approaches adopted across other major European jurisdictions.

While several provisions confirm regulatory structures already well established in practice, the Decree also introduces a number of material innovations, some likely to have a significant impact on access to the Italian market by foreign sports agents and the overall organisation of the profession.

How to enter the Italian market as a sports agent 

Following the entry into force of the Decree, the Italian system will add to the traditional classification of operators into three categories – ordinary agents (agenti ordinari), established agents (agenti stabiliti) and domiciled agents (agenti domiciliati) –  for the latter, as discussed below, the applicable regime will change significantly – a fourth category, which may be referred to as 'occasional agents', reserved for nationals of the European Union ('EU'), the European Economic Area ('EEA') and Switzerland.

Ordinary agents

Ordinary agents are individuals who have obtained the national professional qualification by passing both the Italian Olympic Committee ('CONI') examination and the relevant federal test, or who were licensed prior to 2015 and are duly registered in the National Register of Sports Agents. They may operate freely in Italy, without territorial or time limitations.

Established agents

EU, EEA and Swiss citizens holding a European professional qualification recognised as equivalent to the Italian qualification, are entitled to register in the National Register of Sports Agents and to be admitted as established agents, thereby enabling them to carry out their activity in Italy on a permanent basis. 

At present, however, access to this category remains limited: the only European professional qualification currently recognised as fully equivalent is released in France. Agents holding any other qualification not subject to full automatic recognition must instead pass an examination (conducted orally in one of FIFA's official languages) covering the same subject areas required to qualify as an ordinary agent.

This leads to the category of established agents being, in practice, destined only to include a very small number of agents.

Occasional agents

For EU, EEA and Swiss nationals (as well as established companies) seeking to enter the Italian market on a temporary and occasional basis, the Decree introduces a new option. Under Article 15, paragraph 10, such operators may work under the freedom to provide services regime, subject to a simple prior notification to CONI. 

This notification must specify the period during which the activity will be carried out and the parties involved in the relevant representation agreement. This regime, however, is subject to particularly strict limits: only one representation agreement per calendar year may be undertaken, not exceeding one year in duration.

Domiciled agents

It is with specific regard to domiciled agents that the Decree introduces the most significant and controversial innovations.

Under the previous regulatory framework, access to the domicile mechanism ('Domiciliazione') was permitted to those agents who cumulatively:

1. had been resident for at least one year in a State other than Italy;
2. had been authorised for at least one year to operate as a sports agent by the relevant foreign national sports association; and
3. had received and effectively acted on at least two representation agreements in the previous year.

This framework essentially allowed any sports agent residing abroad - irrespective of nationality or registered office - to become a domiciled agent in Italy by entering into a cooperation agreement with an ordinary agent and operate freely in the Italian market. 

Article 15 of the Decree appears to overturn this approach, introducing a controversial distinction between EU, EEA and Swiss nationals (and companies with registered offices in such States), on the one hand, and all other agents, on the other hand.

First of all, access to the Domiciliazione is now expressly denied to any individual or company whose domicile, residence or registered office is located in Italy, irrespective of whether they hold a FIFA licence.

Furthermore, a literal interpretation of Article 15(1) of the Decree suggests that the Domiciliazione is reserved to 'citizens and companies other than those referred to in Article 5(1)' – i.e. other than EU, EEA and Swiss nationals and companies. They would therefore only be permitted to operate as sports agents in Italy:

• on a permanent basis, under the regime applicable to established agents; or 
• on an occasional basis, subject to prior CONI authorisation and within the time limit referred to above.

As a result, only non-EU agents appear able to continue working as domiciled agents in Italy. In addition to the requirements set out above, the Decree introduces a significant new limitation: the registration as domiciled agents may not exceed three months and may be renewed only once, for a maximum of six months during the same calendar year.

Should this literal interpretation of the Decree be effectively implemented by CONI and the FIGC, the operational scope available to non-established European agents (which, in practice, currently includes all agents not holding a French licence) would be drastically reduced, resulting in a significant restriction of their freedom to provide services within the European market.

In practical terms, non-European agents, once domiciled, would be able to receive an unlimited number of representation agreements during the validity of their Domiciliazione (albeit limited to two periods of three months each, ideally corresponding to the two transfer windows). By contrast, non-established EU, EEA and Swiss agents would be allowed to carry out only one representation agreement per year.

This is a policy choice likely to give rise to litigation and which marks a clear break from the more liberal approach adopted by other European legal systems, while also placing the Italian framework at odds with the relevant international regulatory landscape.

Further key developments

Alongside the rules governing access to the market, the Decree also introduces a number of additional organisational innovations.

Domiciled agents' fees

Pursuant to Article 15, paragraph 6, agents' fees must be paid directly by the client (club or player) to the domiciled agent and to the (national) ordinary agent, respectively. For the domiciled agent, the client shall act as withholding agent, applying withholding tax in accordance with the Italian Income Tax Act (Testo Unico delle Imposte sui Redditi – 'TUIR').

Minority shareholdings by legal entities in agents’ companies

Particular attention should be paid to the new rules on minority shareholdings held by legal entities in companies registered in the National Register of Sports Agents, pursuant to which the filing of an up-to-date company registry extract – or equivalent documentation in the case of foreign entities – issued within the previous thirty days is now expressly required to verify that the corporate purpose of the minority shareholder complies with the requirements laid down by the Decree.

Annual renewal and strengthened continuing professional development

The Decree confirms that registration in the National Register for ordinary agents and established agents has an annual duration aligned with the calendar year, and provides that applications for renewal must be submitted by 31 October of each year.

For the first time at statutory level, the Decree also introduces a minimum continuing professional development requirement, setting it at 20 hours per year, to be completed by 1 November. 

A more articulated sanctions framework

The Decree also devotes a dedicated and comprehensive provision to the disciplinary sanctions applicable to sports agents.

In particular, infringements may give rise to the following sanctions:

• a formal warning;
• administrative fines;
• suspension from the National Register for a period ranging from 3 to 36 months;
• a temporary ban on registration in the National Register, for a period ranging from 3 to 36 months, in cases where the activity is carried out without registration.

The Decree also expressly preserves the obligation to report to the judicial authorities any case of unlawful exercise of the profession pursuant to Article 348 of the Italian Criminal Code, as well as the disciplinary liability of clubs and registered sports workers who make use of agents who are not duly registered.

The implementation phase

Finally, the Decree provides that, within six months of its entry into force (i.e. by 2 August 2026), CONI and the Italian sports federations must adopt the measures necessary to align their respective regulations with the new framework. Until then, the current regulations stand.

A new phase of regulatory adjustment is therefore opening, which will be decisive in assessing the actual practical impact of the Decree.

Conclusions

The new Decree appears to substantially restrict access to the Italian market by foreign agents – particularly European ones – signalling a clear reversal of the trend towards internationalisation promoted by FIFA and by many European jurisdictions.

It remains to be seen whether this model will succeed in striking a sustainable balance between public oversight and market openness, or whether, on the contrary, it will end up isolating the Italian system in an increasingly global football environment.