Internet & Online Safety · San Marino
Online safety & content laws in San Marino (2026)
San Marino shaded by its internet & online safety status
San Marino has no standalone comprehensive online safety law; the EU Digital Services Act does not apply as San Marino is neither an EU nor EEA member state. Online safety obligations — notably age verification and minors' protection on platforms — are currently enforced via the 2018 GDPR-equivalent data protection law, under which the Garante Privacy levied a landmark €3.5 million fine against TikTok in 2024 (upheld by court in 2025). The December 2023 EU Association Agreement, which is expected to bring San Marino into the EU Single Market (targeted for 2026), will oblige progressive adoption of EU digital acquis and may eventually incorporate DSA-equivalent obligations.
Key points
Law No. 171 of 21 December 2018 ('Protection of natural persons with regard to the processing of personal data') mirrors EU GDPR standards and serves as the primary instrument for regulating platform conduct, including processing of children's data and online consent requirements.
The Garante Privacy fined TikTok €3.5 million in 2024 for failing to implement reliable age-verification mechanisms required under Law 171/2018, which mandates parental consent for users under 16. The San Marino Tribunal upheld the fine on first-instance appeal in 2025, rejecting TikTok's challenge.
The EU Digital Services Act (fully applicable across the EU since February 2024) has no direct legal force in San Marino, which is not an EU or EEA member. There is no national equivalent comprehensive online-safety or platform-liability law enacted as of mid-2026.
Negotiations for an EU–San Marino Association Agreement concluded on 7 December 2023. The agreement, described as 'EEA-plus', requires San Marino to progressively transpose EU acquis across 25 sectors, including electronic communications and digital services; San Marino was targeting single-market participation by 2026, which would bring DSA-scope obligations into scope.
San Marino operates an open internet with no state-imposed content filtering, blocking, or censorship regime. Telecom Italia San Marino is the main infrastructure operator; the regulatory environment imposes no heavy restrictions on access or expression online.
The Garante Privacy di San Marino is an independent supervisory authority that actively investigates and sanctions online platforms for privacy and age-related violations, effectively acting as the de facto online safety regulator in the absence of a dedicated online safety statute.
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