Whistleblowing

Legislative source and nature of the institution:
The art. 54-bis of Legislative Decree. 165/2001, entitled “Protection of public employees who report wrongdoings”, introduced into our legal system a discipline to encourage the emergence of wrongdoings, known in Anglo-Saxon countries with the term whistleblowing.
The expression whistleblower indicates the employee of an entity or administration who reports violations or irregularities committed to the detriment of the public interest and of the administration to which they belong to the bodies entitled to intervene.

On 29 December 2017, law no. came into force. 179 containing “Provisions for the protection of the authors of reports of crimes or irregularities of which they have become aware in the context of a public or private employment relationship” which amended the art. 54-bis and introduced a new provision for the private sector in the Legislative Decree. 231/2001 regarding the presentation and management of reports.

The art. 2 of law 179/2017 added to the art. 6 of the legislative decree 8 June 2001, n. 231, paragraphs 2 bis, ter and quater, regarding reports relating to violations of the Model and prohibition on the adoption of discriminatory measures against whistleblowers.

Lastly, the Legislative Decree. n. 24 of 10 March 2023 transposed and implemented for Italy the EU Directive 2019/1937 concerning the protection of people who report violations of Union law and containing provisions regarding the protection of people who report violations of national regulatory provisions.
This rule, which repealed both art. 54-bis of Legislative Decree. 30 March 2001 n. 165, and art. 6, paragraphs 2-ter and 2-quater of the Legislative Decree. 8 June 2001, n. 231, and, finally, art. 3 of law 30 November 2017, n. 179, constitutes the point of reference for the topic of the so-called whistleblowing.

Who can report:
Reporters can be: statutory bodies, employees and collaborators, people who, although not belonging to the organisation, operate on mandate or in its interest.

Report subject:

  • Violations of the law, internal regulations and company procedures;
  • more generally, conduct in violation of national or European Union regulatory provisions which harm the public interest or the integrity of the Company, of which one becomes aware during and/or due to the performance of work duties or due to the employment/collaboration relationship.

The reports taken into consideration are only those that concern facts found directly by the reporter, not based on current rumors and not concerning complaints of a
personal.

In fact, the whistleblower must not use the institute for purely personal purposes, for claims or retaliation.

Please read the whistleblowing procedure here.

Platform: https://whistleblowing.dataservices.it/PRANTIL