Comment Re:What now? (Score 4, Informative) 40
But to my knowledge, they are month to month, meaning the contract is for the month, and by agreement a new contract is created each month
No, it's not: it's a subscription contract that lasts until one of the parties terminates it. This means the contract lasts effectively indefinitely but can be terminated or in some aspects modified during its course without having to agree to a full new contract agreement, which the consumer would have to actively accept every time.
The issue is that for these contracts the law does allow for modifications without requiring a full new contract agreement every time, but the clauses in the contract need to be specific about what can be changed and why and cannot give the provider too much unilateral power. The clause Netflix was using from 2017 to April 2025 were instead very generic, giving Netflix basically unlimited power to unilaterally change the price without justification.
In the Italian system clauses like these, which give a party significant unilateral power over the other party, are called "vessatorie" (vexatious) and are void unless individually accepted and signed by the other party on top of the contract containing them. In case of online contracts this might require a separate digital signature for each individual clause.
Note that a proper digital signature would otherwise not be required for an online contract not containing these type of clauses, which can be accepted by a consumer by simply clicking on a consent box. This means having these clauses makes an online contract much more problematic to accept.
Since the clauses Netflix was using to increase prices were found to be "vexatious" and were not accepted with individual signature, they were found to be void. Since they were void, Netflix could not use them as basis to increase the prices. After April 2025 Netflix introduced clauses that were considered not vexatious and Netflix can increase prices based on them.