Mandatory digital payments, sanctions foreseen for those who do not accept apps and wallets

It is not new but an obligation already operational from 2022: those who carry out commercial or professional activities in Italy must accept electronic payments. This means not only credit and debit cards, but also all digital forms that today pass through smartphones and wallets, such as Apple Pay or Google Pay.

Refusing an electronic payment on principle and not due to non-operation entails an administrative sanction. And the rule applies to any amount and to any digital payment instrument attributable to electronic circuits.

Pos requirement and connection to the cash register

The obligation to accept electronic payments was created with Legislative Decree 179/2012, but becomes truly effective with the interventions of Legislative Decree 124/2019 and above all Legislative Decree 36/2022, which made the sanction operational from 30 June 2022.

From that moment, the refusal of a payment made by card or electronic means entails a fine of 30 euros plus 4% of the value of the denied transaction.

In recent years, however, the topic has also shifted to a technical level. In fact, more and more often we talk about the connection between POS and telematic recorder. In practice, the two systems must communicate to guarantee the correct transmission of tax data, so that the issued receipt has a value corresponding to the recorded electronic transaction.

This process is part of the process of digitalisation of fees, already started with the obligation of telematic recorders and automatic transmission of data to the Revenue Agency. The objective is to reduce discrepancies and make payment management more transparent, even if most Italians continue to choose cash.

Wallets are also included in the obligation

One of the most frequently asked questions concerns smartphone payments. Are Apple Pay, Google Pay, Satispay and similar mandatory to accept?

The answer is yes, because there is no separate standard for digital wallets. These tools are not autonomous circuits, but digital interfaces that rely on cards or current accounts. For this reason they automatically fall within the definition of electronic payments.

Because cashless is being pushed more and more

The progressive spread of digital payments is not only a technological issue, but also an economic and fiscal one. The main objective is to increase the traceability of transactions and reduce the use of cash, which has historically been more difficult to monitor.

A more digital system allows for more efficient management of economic flows, simplifies tax controls and reduces the risk of evasion. At the same time, it improves the speed of payments and integration with banking and management tools.

On the consumer side, the advantages are above all practical: faster payments, greater security and the possibility of monitoring expenses in real time via apps and digital services.

The European framework is also moving in this direction, which in recent years has favored the adoption of increasingly interoperable and digital payment systems.

The controversies between costs, technology and habits

Alongside the benefits, however, there is no shortage of critical issues.

For merchants, one of the most raised issues concerns the cost of electronic payment fees, particularly for small businesses, where these fees significantly impact margins. Added to this are the costs of fulfilling technical obligations, such as the integration between POS and telematic recorders.

From the point of view of consumers, however, the doubts about digital payments concern data management and IT security, even if the European payments system is currently regulated by very stringent standards.