Legality rating 2026: towards an integrated compliance model between business selection and access to public benefits

By resolution of 27 January 2026, adopted pursuant to Article 5-ter of Decree-Law No. 1/2012, the Italian Competition Authority approved the new implementing regulation on legality ratings, which entered into force on 16 March 2026. The reform fully replaces the previous 2020 framework and significantly affects the structure of the instrument, redefining its application requirements and strengthening its selective function.

The legality rating, originally conceived as a reward-based tool aimed at enhancing virtuous conduct by companies, is now evolving into a synthetic indicator of overall reliability, based on a broader and more in-depth assessment of the level of corporate compliance. This change is particularly evident in the revision of the access requirements and, above all, in the expansion of the exclusionary grounds, which are no longer limited to serious or definitively established violations, but extend to a more articulated range of situations relevant from the standpoint of administrative, tax and social security compliance.

From this perspective, the new regulation appears to be part of a broader trend within the legal system, which progressively assigns to compliance certification tools — such as the DURC or, indeed, the legality rating — a function that goes beyond mere formal certification, turning them into mechanisms for the selection of economic operators. The turning point lies not so much in the introduction of new obligations in the strict sense, but rather in the different relevance attributed to conduct and situations which, although already governed by sector-specific rules, now have an indirect but significant impact on the possibility of accessing public benefits or more favourable market conditions.

Particularly significant in this respect is the full digitalisation of the procedure, with applications required to be submitted through the Webrating platform and by means of a standardised form. While this choice responds to needs of uniformity and traceability, it also increases the degree of formalisation of the relationship between the company and the Authority, making the declaratory burden more stringent and enabling any inconsistencies or omissions to be detected more immediately. The procedure for obtaining the rating thus tends to take the form of a structured review of the company’s overall position, rather than an isolated compliance requirement.

It is, however, precisely in the extension of the exclusionary grounds that the most delicate aspect of the reform emerges. The inclusion of a broader range of relevant situations entails the risk of a gradual shift of the instrument from a reward-based tool to a selective mechanism with exclusionary effects. In other words, the legality rating no longer merely “rewards those who are compliant”, but also tends, indirectly, to affect the competitive position of those presenting critical issues, even where these are not necessarily serious, within their compliance framework.

This development raises a question of balance between public policy objectives and the proportionality of effects. The use of the rating as a lever to guide access to credit, incentives or relations with the public administration strengthens the regulatory function of the instrument, but at the same time amplifies the consequences of any irregularities, which may produce effects well beyond the scope of the original violation.

For companies, the emerging framework is one of growing interconnection between traditionally distinct areas — tax, social security, employment and administrative matters — whose outcomes are now brought within a unified assessment of reliability. Compliance management can no longer be regarded as a sum of sector-specific obligations, but increasingly takes the form of an integrated system in which any critical issue may, even indirectly, affect the company’s ability to access economic opportunities.

The 2026 regulation therefore appears to confirm a fundamental shift: business legality is no longer merely a regulatory obligation, but is progressively becoming a competitive factor. In this scenario, the legality rating assumes the role of a junction between public control and market dynamics, contributing to the development of a model in which compliance with rules becomes a genuine requirement for access to resources and opportunities.