Whistleblowing

On March 15, 2023, Legislative Decree No. 24/2023 was published in the Official Gazette, implementing Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law and national legislation, commonly known as “Whistleblowing” (the reporting of unlawful or fraudulent activities).
The new provisions came into force on July 15, 2023, for private-sector companies that employed an average of at least 250 workers over the previous year.
Starting from December 17, these rules will also apply to companies with more than 49 employees. The obligation also extends to companies that have adopted an organizational and management model under Legislative Decree 231/2001, regardless of workforce size.
Behaviors, acts or omissions that harm the public interest or the integrity of public administration or private entities include:

  • administrative, accounting, civil or criminal offenses;
  • unlawful conduct relevant under Legislative Decree 231/2001, or violations of the organizational and management models provided therein;
  • breaches falling within the scope of EU or national legislation in the following areas: public procurement; financial services, products and markets; prevention of money laundering and terrorist financing; product safety and compliance; transport safety; environmental protection; radiation protection and nuclear safety; food and feed safety, animal health and welfare; public health; consumer protection; privacy and personal data protection; security of networks and information systems;
  • acts or omissions harming the financial interests of the European Union;
  • acts or omissions relating to the internal market;
  • acts or behaviors that defeat the object or purpose of Union law provisions.

The whistleblowing platform enables confidential dialogue between the whistleblower and the handler, using methods that ensure anonymity in compliance with Italian and European regulations.

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