Professions can be of two types:
- organised into associations or colleges (organised or regulated professions);
- not organised into associations or colleges (non-organised or unregulated professions).
If you pursue a non-organised profession, you are not obliged to take out professional RC (Civil Liability) insurance. For more details, please consult the dedicated page on the website of the Ministry of Economic Development.
However, it is recommended to take out a professional indemnity insurance policy. The insurance allows you to protect yourself in the event of a claim for compensation for errors or omissions in the course of your work.
By signing a professional policy of this type, as the insured person you transfer the business risk to the insurance company: the company will pay any compensation you owe on your behalf if you hold civil liability for damage caused to third parties as a result of events occurring during your professional activity.
Who is this Professional Civil Liability Policy for non-organised professions intended to cover?
The Professional RC Policy for non-organised professions is aimed at:
- the individual independent professional;
- associated firms;
- professional associations or societies;
- partners and associated professionals;
- all staff and collaborators.
Examples of this are Syndics of Co-owners, Osteopaths, Consultants, Tourism Promotors, Quality Control Technicians, Translators.
If you are engaged in a regulated profession, you can only pursue your activity if you are registered with an association or college: you must hold specific professional qualifications to enrol.
For example, you are engaged in a regulated profession if you are a doctor, lawyer, chartered accountant, engineer, architect, etc. duly registered with the relevant professional body. There are 26 professional associations in Italy and they are autonomous non-economic public bodies, subject to the supervision of the Ministry of Justice.
If you are a professional registered with the professional association, you are obliged to take out insurance against damage resulting from the pursuit of your professional activity. If you do not take out insurance, you will be guilty of a professional conduct offence penalised by the association and you may even be disqualified from it.
With regard to the exclusion of insurance cover, an insurer is not liable for claims caused by wilful misconduct or gross negligence:
- by the contractor or
- the insured person or
- the beneficiary
unless otherwise agreed in cases of gross negligence.
If you are a professional registered with a professional association, in the event of illness, accident, invalidity, etc., you will be covered by the association's welfare fund.
If you are not a professional registered with a professional association, in the event of illness, accident, invalidity, etc., you will be covered by the National Social Welfare Institution (INPS) ‘Fondo a Gestione Separata’ [Separate Fund] arrangements.
Relevant legislation
Law No 4 of 14 January 2013 Provisions on non-organised professions
Presidential Decree No 137 of 7 August 2012 on professional associations
Law No 335 of 8 August 1995 Reform of the compulsory and supplementary pension system
Article 2229 of the Italian Civil Code Practice of intellectual professions
Article 1900 of the Italian Civil Code Accidents caused by wilful misconduct or through gross negligence on the part of the insured person or employees