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On 11 February 2026, the Commission presented a new Action Plan on Drone and Counter Drone Security[1] designed to support Member States in boosting Europe’s defence readiness through innovation and industrial cooperation.

Part of a broader set of initiatives brought forward by the Commission to reinforce the Union’s internal security and defence priorities[2], the Plan finds its rationale in the fact that the recent incidents involving malicious or irresponsible use of drones entail growing security challenges for the Union. Despite the use of airborne drones is governed since 2019 by a harmonised regulatory framework, drones have been repeatedly used trespassing on Member States’ airspace, disrupting airport operations and causing near misses with civilian aircraft. The Plan focuses primarily on the civilian internal security side, where important gaps and loopholes remain to be taken care of, recommending actions that can be implemented in the short-term while also designing measures for longer-term preparedness.

The Plan is built around 4 key priorities.

First, since drones are evolving rapidly in terms of, amongst the others, speed, range, payload, autonomy and resistance to electronic warfare, counter-drone systems must also adapt fast to keep up with these improvements. Given the urgent need to increase coherence between the several EU instruments and national investments with a view to avoid overlaps, the Commission proposes a coordinated framework to boost the technological development and the production of drones and counter-drone systems building on i) investing where it really matters, ii) a new approach to testing innovative solutions, iii)  targeting safety requirements and a certification model for counter-drone systems, iv) interoperability, and v) a drones and counter-drone systems production increase. Moreover, the Commission will, on the one hand, propose a Drone Security Package to adapt the airborne drone framework to nowadays’ security realities and, on the other hand, present regulatory simplification measures for drones aimed at introducing flexibility with regard to, amongst other things, the need of pre-approval by authorities and the associated administrative red tape. Finally, the Commission will issue non-binding guidelines for resilience-enhancing measures, including on countering threats posed by drones and the use of geofencing functionalities[3].

Second, detection, tracking and identification are fundamental in the fight against malicious drone activities, to improve situational awareness of drone operations. Member States, therefore, should ensure that relevant data is shared among competent authorities in civil aviation, law enforcement and the military, thereby allowing to monitor and assess threat levels and ensure a faster response and enforcement against drone operators that do not respect security measures. Moreover, the Commission will launch a call for expressions of interest to Member States and industry to live test and deploy cellular based detection systems including 5G networks, which offer precise and real-time tracking of flying objects.

Third, while operational incident response falls on Member States, coordinated actions at EU level can support them in deploying effective counter-drone solutions, so that a multi-layered approach combining several technical measures to counter the large spectrum of threats posed by non-cooperative drones. More particularly, since, in light of the evolving security situation, critical infrastructures need to be equipped with state-of-the-art latest counter-drone equipment and systems, the Commission will work with Member States to launch an EU Counter-drone Deployment Initiative for Critical Infrastructures as well as to set up Rapid Counter-drone Emergency Response Teams acting as rapidly deployable reserve units and equipped with the latest technologies for detection and response. Moreover, the Commission will support Frontex in training drone and counter-drone pilots, organizing live demonstrations and prize-based innovation challenges in realistic border settings, thereby enhancing the integration of drones and counter-drone skills. The framework of the 2023 Communication on countering threats posed by drones[4] should also be expanded towards a set of common binding and non-binding rules for Member State authorities, private operators and all players involved.

Finally, the Plan highlights the need to further strengthen Europe’s defence readiness to counter drone threats. More particularly, efforts at European level should lead to a comprehensive drone and counter-drone capability and offer a multi-layered and multi-level overarching approach supporting decision-making processes and ensuring a continuous situational awareness. Member States will also need to invest into a mass production capacity for drones and counter-drone systems either to actively deploy them or to stock-pile them as strategic reserve.

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On 26 February 2026, the Commission presented a new Agenda[1] putting forward a comprehensive set of cross-sectoral initiatives to prevent and counter terrorism by stepping up the EU preparedness and response. Announced in the ProtectEU action[2], the Agenda finds its rationale in the fact that the increasing links between terrorism and other crime areas, as well as the blurred lines between online and physical operations, pose a particular challenge to defining and identifying terrorist offences. Despite the EU has already taken steps to tackle terrorism and violent extremism, the overall threat level remains high, requiring a single action at EU level. The Agenda combines ongoing and new initiatives to keep up with the fast-evolving landscape, anticipate threats, prevent radicalisation, protect people both online and offline and strengthen the global fight against terrorism in line with international law. The Agenda is built around six pillars.

First, the Agenda highlights that the dynamic nature of emerging threats requires, on the one hand, strengthened law enforcement anticipation capabilities and, on the other hand, the ability to identify the risks and opportunities stemming from new technologies. The Agenda, therefore, proposes measures to improve situational awareness and the early detection of emerging threats such as, amongst others, increasing the resources and capacities of intelligence analysis of the EU Single Intelligence Analysis Capacity (SIAC)[3], reinforcing Europol’s analytical support capacities, including open-source intelligence (OSINT) ones, and supporting the testing and deployment of EU-funded solutions to equip law enforcement with state-of-the-art tools.

Second, preventing radicalisation requires a holistic approach and long-term strategies. In particular, minors’ involvement in radicalisation and terrorism affects not only the minors concerned, but likewise communities and society. To prevent minors being radicalised across Europe, the Commission will build on the activities of the Knowledge Hub on Prevention of Radicalisation[4] and focus on early detection, resilience through education and social integration to provide strategic guidance. The Hub will also develop tools to assess and manage risks in the pre-release phase of prisoners who have served their sentence but may have been radicalised. Finally, the Commission will launch a Community Engagement and Empowerment Programme (CEEP) allocating EUR 5 million to equip civil society and practitioners with digital skills for effective online interventions and to amplify the voices of youth engaged in prevention.

Third, despite the EU has built one of the most advanced regulatory frameworks in the world to counter terrorist activity online, extremist networks tend to adapt quickly, exploit emerging technologies and shift from open platforms to closed chats and encrypted services. To ensure people online are adequately protected, the Commission will consider revising the Terrorist Content Online Regulation[5] to keep it fit for purpose and enforcing the Digital Services Act (DSA)[6]. Furthermore, the Commission will upgrade the EU Crisis Protocol[7] into an EU Online Crisis Response Framework to be relied on by Member States where an incident leads to heightened online activity related to an attack and to anchor it in the DSA environment, thereby ensuring a coordinated response to crises.

The Commission also intends to make sure people are protected in the physical environment. Since timely access to data is cardinal to identifying foreign terrorist fighters and terrorist suspects at borders, the Commission, together with Europol, will strengthen cooperation with trusted third countries to obtain biographic and biometric data on individuals that might pose a terrorist threat, for them to be inserted into the Schengen Information System (SIS) in full compliance with applicable EU and national legal frameworks. Furthermore, the Commission will explore options to expand the framework on advanced travel information to include private flights, maritime and land transport, which is currently limited to commercial air transport thereby resulting in legal and operational loopholes that terrorists may exploit to move across the EU.

Fourth, to ensure a swift and coordinated response to terrorist threats and attacks, the law enforcement and judicial agencies need to be further strengthened across Europe, and further efforts are called for to close the remaining gaps and foreclose counter terrorist financing. In this regard, the Commission will launch a study to assess and identify the appropriate measures to establish a future EU-wide system to enable the retrieval of financial data for the purpose of tracking terrorist financing and organised crime as well as revise Europol and Eurojust’s mandates. Moreover, the Commission will support closer cooperation and information sharing between financial intelligence units, law enforcement, financial institutions and online service providers. Finally, since the external and internal dimensions of terrorism and violent extremism are intrinsically linked, the Commission will strengthen international cooperation with trusted partner countries following a human-rights based approach.  

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On 26 February 2026, the Commission presented a Proposal[1] for a Directive to combat firearms trafficking and other firearms-related offences in the EU.

Part of ProtectEU[2], the Proposal finds its rationale in the fact that criminal demand and access to firearms, which pose a serious threat to EU citizens’ security as they enable a wide range of serious and organised crimes, are increasing and leading to more violent accidents in some Member States. Despite the EU has engaged at international level in actions to control firearms, there are still significant differences among Member States in how firearm-related crimes are defined and punished, leading to a fragmented legal framework across the Union. The Proposal aims to protect European citizens from the threat of illicit firearms by reducing their number and the related criminal activities, harmonising firearm offences and penalties across Member States and improving data quality and availability to better understand and address the threat.

The Proposal introduces harmonised definitions for offenses such as, amongst the others, illicit manufacturing, trafficking and possession of firearms or falsification and modification of markings on firearms[3]. Member States should take the necessary measures to ensure that such criminal offences are punishable by effective, proportionate and dissuasive criminal penalties, setting an upper limit depending on the type of offence[4]. Member States should ensure that also legal persons can be held liable for the criminal offences committed for their benefit by a person who has a leading position therein and who acts individually or as part of one of their organs on the basis of a power of representation, an authority to take decisions on their behalf or an authority to exercise control[5].

Member States will need to adopt, within their national legal systems, the measures necessary to prevent the illicit manufacturing and trafficking in firearms, their essential components and ammunition seized and confiscated by their authorities from falling into the hands of unauthorised persons[6]. Moreover, they should also take the necessary measures to provide for a sufficient limitation period after the commission of the criminal offences, to be related to their gravity, enabling for the investigation, prosecution, trial and adjudication of those offences to be tackled effectively[7].

Each Member State should establish its jurisdiction over the criminal offences of which the Proposal is comprised, where the offence was committed i) in whole or in part within its territory, ii) on board a ship or an aircraft registered in that Member State or flying its flag, or iii) by one of its nationals. A Member State should inform the Commission where it decides to extend its jurisdiction to one or more criminal offences committed outside its territory, where i) the offender is a habitual resident therein, ii) the offence is committed for the benefit of a legal person established in its territory or in respect of any business done in whole or in part on its territory, or iii) the offence is committed against one or more of its nationals or habitual residents. Where a criminal offence falls within the jurisdiction of more than one Member State, they should cooperate to determine which one is to conduct the criminal proceedings[8].

Each Member State will designate a single National Firearms Focal Point for coordination and cooperation among all its competent authorities involved in the prevention of, and the fight against, firearms-related criminal offences, provided with an appropriate structure as well as sufficient staff and resources to ensure their continuous operation and effective functioning[9].

Finally, the Proposal introduces new measures to improve the collection and standardisation of available data on firearms. More particularly, Member States should ensure that firearms seized by law enforcement or other competent agencies are registered using the minimum dataset set out in the Annex, which was developed in cooperation with practitioners and includes basic information such as the model and type of firearm[10]. Moreover, Member States should gather existing statistical data in relation to the several firearms-related offences through a digital system and share it with the Commission every five years[11].

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On January 30, opening date of the Milano-Cortina 2026 Winter Olympic Village, the so-called “Games Period” began. Throughout such term (which will end on February 24, two days after the Closing Ceremony), the Key Principles of the International Olympic Committee (IOC) are applicable to govern the use of participants’ images in advertising[1].

Just on that date, the Italian Competition Authority (AGCM) issued a press release whereby, upon a complaint filed by the Special Antitrust Unit of the Italian Financial Police (Guardia di Finanza), it had launched an investigation against a company for ambush marketing in relation to the Milano-Cortina 2026 Olympic and Paralympic Winter Games[2]. That company – who is not among the official sponsors – seems to have published online advertisements, including on major social networks, frequently showing – also in combination with its own distinctive signs – the Olympic symbol (the five coloured rings) and/or the hashtags #MilanoCortina and #MilanoCortina2026. As part of this conduct, the company also engaged influencers and advertised a line of clothing named Cortina a colori (namely Cortina in colour).

The AGCM investigation, opened in conjunction with interim measure proceedings for the provisional removal of the advertisements at stake, is grounded on the apparently unlawful direct association between the company’s brand and the Games, in breach of Article 10 of Decree-Law no. 16/2020 (Decree-Law)[3].

Let us take a step backwards to recall the ad hoc national legislation on ambush marketing, which was issued in consideration of the urgent need to strengthen the regulatory framework to counter free riding and protect well-known marks in the field of sports, as well as the specific commitments made to the IOC for Milano Cortina 2026.

Article 10 expressly prohibits free-riding activities, described as “parasitic, fraudulent, deceptive or misleading advertising and marketing activities, carried out in relation to the organization of sporting events or trade fairs of national or international importance, that are not authorized by the organizers and are intended to obtain an economic or competitive advantage” (para.1). This definition illustrates the concept of ambush marketing. A specific list of banned free-riding activities is then supplied (para.2):

1. the creation of an even indirect link between a trademark or other distinctive sign and the event, likely to mislead the public as to the identity of the official sponsors;
2. the false representation or declaration in one’s advertising of being an official sponsor of the event;
3. the promotion of one’s trademark or other distinctive sign through any action, not authorized by the organizer, that is likely to attract the attention of the public, carried out during the event and likely to give the public the false impression that the person performing the action is a sponsor;
4. the sale and advertising of products or services unlawfully branded, even only in part, with the logo of the event or with other distinctive signs likely to mislead the public about the logo itself and create the erroneous perception of a connection with the event, its organizer or sponsors.

Arguably, the conduct that is being investigated by AGCM would fall under letter/s a) and/or d) in particular.

Moreover, the conduct would be covered by the timeframe of application of the prohibitions under Article 10, which runs from the date of registration of the official logos or trademarks of the event until the 180^th day following the official end date of the latter (Art.11). Hence, the investigated company risks an administrative fine ranging between Euro 100,000 and Euro 2.5 million (Art.12).

The application of the Decree-Law to this case would not be a première. By decision no. 30099 of 29 March 2022[4], the AGCM found that a well-known company active in the field of e-commerce had put in place a free-riding advertising activity surrounding the international soccer event UEFA Euro 2020. More particularly, the Financial Police had reported the presence, in a square in Rome where UEFA had set up the official Football Village, of a large-scale billboard featuring the claim “Who will be the winner?”, the name of the company, images of the 24 flags of the countries participating in the tournament and a white football t-shirt bearing the company’s logo.

The fine was inflicted in the minimum amount set out by the Decree-Law, in consideration, among others, of the limited geographical diffusion of the message (one billboard affixed in a single square) and the circumstance that it was the first enforcement of the new provisions after their entry into force. Neither of these circumstances could be relied on in the pending case; in particular, one may observe that running ads on the Internet entails an indefinite, potentially very large, territorial reach.

It is moreover noted that, as likewise specified in the Decree-Law (Art.13), the new rules do not preclude the enforcement of other legal provisions applying to the same free-riding conducts. As IP practitioners know, ambush marketing can be addressed within the framework of several pre-existing sets of provisions, especially the following.

• Trademark law, with respect to the distinctive signs of the event (under the Industrial Property Code for national trademarks; under Regulation (EU) 2017/1001 for EU trademarks). This remedy may prove of limited effectiveness, considering the weak distinctive character of the trademarks concerned (inasmuch as they identify/describe the hosting town or the type of sporting event concerned), and furthermore considering that the ambusher does not necessarily reproduce or imitate the organizer’s logo/name.
• Unfair competition, under art. 2598 of the Italian Civil Code, chiefly for misappropriation of merits and/or non-compliance with principles of professional fairness, provided that the ambusher qualifies as a “competitor”.
• Fairness in advertising, in particular under the Code of the Advertising Self-Regulation Institute (IAP Code), which is binding on those having accepted it directly or indirectly; and/or under Legislative Decree no. 145 of 2 August 2007 (on misleading advertising), as for relations between entrepreneurs/professionals; and/or under the provisions of the Italian Consumer Code on unfair commercial practices to the detriment of consumers.

In real-life cases – unless in presence of “hardcore” ambush marketing, characterized by a direct association with the event through an explicit use of its official signs – drawing a clear line between legitimate and unlawful marketing initiatives may not be obvious. The borderline becomes blurred when it comes to marketing strategies where the connection established between the non-sponsor brand and the event is more indirect. This happens, for instance, in the case of so-called coat-tail ambushing, which leverages the sponsorship of a prominent participant in the event (individual athlete or whole team, coach, trainer or official), in order for the brand to gain visibility bypassing the payment of the event sponsorship fees.

According to the Decree-Law, conduct carried out performing sponsorship agreements with individual athletes, teams, artists or participants authorized to the event does not constitute free-riding advertising (Art.10, para.3).  However, the engagement of participants in commercial activities around the event, especially the use of their personal image in advertising by non-sponsors/non-partners of the event, remains a delicate issue.

As for the upcoming 2026 Winter Olympics, the abovementioned IOC Key Principles provide that “All Participants are permitted to promote their sponsors, and all sponsors are permitted to use Participant Images (in each case including Olympic Partners and Non-Olympic Partners), during the Games Period …”, but “… in accordance with the following Principles”[5], the implementation of which is a shared competence between the National Olympic Committee (for Italy, the CONI) and the Organizing Committee (for the upcoming Winter Olympics, Fondazione Milano Cortina).

Looking at the Principles, one reads that during the Game Period Non-Olympic Partners are allowed to use participants’ images for advertising subject to specific conditions. In addition to (i) obtaining the necessary consents from the participants concerned and (ii) respecting certain policies on activities that are incompatible with the Olympic values (for example, sponsorships connected with tobacco or prohibited drugs are banned), the advertising needs to (iii) avoid the use of any “Olympic Properties” and (iv) constitute “Generic Advertising”[6].

The list of Olympic Properties is extensive and detailed, including in particular: the Olympic symbol; the Olympic-related registered trademarks; the emblem, mascots, pictograms and graphics of the Games; the name of the host city along with the year of the Games (i.e. Milano Cortina 2026); the very words Olympic, Olympics, Olympic Games, etc.; names and emblems of Olympic teams (such as Italia team); the Olympic motto; films, musical/artistic works and designs created by the organizers; as well as “any other symbols, designs, works, words or expressions that are translations of, or which could be confused with, those listed above”.

In order for a marketing campaign to qualify as Generic Advertising, three cumulative requirements need to be met: that (i) the only connection between the Olympic Movement and the relevant marketing activity is the use of the image of a participant in advertising; (ii) the advertising has been on the market for at least 90 days prior to the Games Period, and (iii) the advertising has been run consistently and not materially escalated during the Games Period. Criteria (ii) and (iii) apply with a degree of flexibility, with exemptions to be considered by IOC on a case-by-case basis. In any event, within a specific deadline, Non-Olympic Partners are expected to have notified the IOC (or the relevant National Olympic Committee, in case of single-territory campaigns) of their Generic Advertising, so that the organizers are made aware of the planned activity, can verify its compliance and supply their feedback (for social media advertising, it is sufficient to describe the planned nature and content thereof, without the need to provide notice of each individual post).

Interestingly, still based on the IOC Key Principles, congratulatory advertising (either supporting an athlete/team or praising them for achievements at the Games), is not regarded as amounting to Generic Advertising, because of its “intrinsic connection with Milano Cortina 2026”. Non-Olympic Partners may undertake congratulatory advertising before and after the Games Period, but without using any Olympic Properties; brands of sporting goods participating in a specific project involving the World Federation of the Sporting Goods Industry (WFSGI Project) may do it (in the manner set out within the WFSGI Project itself) at any time, including during the Games Period.

On the whole, this set of limited restrictions is aimed at maintaining the distinctiveness of the official Olympic marketing programmes and supporting the funding of global athlete participation (the IOC runs an international marketing programme based on the principle of solidarity, to ensure that all teams are adequately funded to be able to join the Olympics)[7].

To facilitate the implementation of the Key Principles, the IOC issued an Illustrative Guidance dedicated to Non-Olympic Partners[8], containing a series of practical examples distinguishing between allowed and non-allowed initiatives, with images and brief explanations. The Guidance is relevant for advertising activities that cover more than one country, while those targeting only one territory are subject to the rules of that country’s National Olympic Committee and/or the relevant Organizing Committee.

The CONI has actually published its own Guidelines[9]. Besides, Fondazione Milano Cortina 2026 has issued, among other information on the protection of Intellectual Property in relation to the Games[10], specific Guidelines addressed to shopkeepers[11]. Basically, business owners can create a welcoming atmosphere (for example, using country flags, generic references to sports and neutral messages such as “Let’s celebrate sport!”), but without suggesting an official association with the Games. Rather, the Guidelines require a non-sponsor business to refrain from creating installations, shop windows, corners or other structures reproducing the trademarks of Milano Cortina 2026 or showing an excessive similarity to the graphics of the Games, in a way that suggests an official affiliation or association. For retailers whose stores are located within 500 meters of the competition venues and whose media exposure could be significant, the principle of continuity (so-called business-as-usual rule) applies.

To sum up, the upcoming 2026 Winter Games ought to also supply a sort of fresh legal playground. Within the multi-layer legal framework outlined above it could be instructive to see, on the one hand, whether organizers and sponsors will resort to the remedies available to them, and to which ones, to root out unlawful ambush marketing; and, on the other hand, whether marketing offices and agencies of non-sponsor businesses will succeed in being creative and ride the wave of enthusiasm surrounding the Olympics without slipping into infringement and/or free-riding practices, first and foremost in the digital landscape.  

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