Whistleblowing Integrity Watch
The New Regulation on the Protection of Whistleblowers
The governments of the individual countries within the European Union have implemented EU Directive 2019/1937, which concerns the protection of individuals who report violations of Union law, through their own internal legislative acts. The new regulation introduces obligations to establish internal reporting channels for conduct that violates national law as well as European Union law in specific sectors. The reform also expands the scope of whistleblower protections, extending safeguards to new categories of potential whistleblowers and introducing specific support measures for those making such reports or complaints.
In Italy, the EU Directive has been implemented with Legislative Decree No. 24 of March 10, 2023.
How has the Company complied with the new obligations?
By setting up appropriate Internal Channels, which allow the submission of relevant violation reports in writing or verbally, and by appointing a responsible person for the Internal Reporting Channel, identified as the external member of the Supervisory Body appointed under Legislative Decree 231/01, specifically: Avv. Nicola Pasquini, who can be reached at the following email address to request an appointment for verbal submissions: …
How can I submit a report?
1) Through the internal reporting channel established by the Company. Specifically, by using the "API Integrity Watch" software, available on the Company's website at the following link:
https://integritywatch.it/segnalazioni/71fabf74/login
The software allows for the report to be submitted anonymously if desired and always confidentially. Simply fill out the reporting form after accessing the platform, which will also allow for continuous communication with the Reporting Channel Manager. Alternatively, you can submit a report verbally through a direct meeting with the external members of the Supervisory Body, by requesting an appointment at the following email address: …
2) Alternatively, through the external reporting channel set up by ANAC (https://whistleblowing.anticorruzione.it/#/). Please note that the external channel may only be used when:
- the Company has not established an internal reporting channel or has established a channel that does not meet legal requirements;
- if there is no response from the responsible party following a submitted report;
- if the whistleblower has a reasonable concern that the report will not be acted upon, that retaliatory actions may be taken against them, or that the violations they are aware of may pose a clear or imminent danger to the public interest.
What types of violations can be reported?
Reports can concern any conduct that constitutes a violation of the Company’s Code of Ethics and Organizational Model 231, as well as any behavior that constitutes a crime or could potentially lead to a criminal offense or facilitate its occurrence. For example, corrupt conduct, serious violations of health and safety regulations in the workplace, and improper waste or discharge management can be reported. Violations committed to benefit the company or gain an improper advantage for it are of particular importance. However, reports cannot concern personal grievances of the whistleblower or issues related solely to the employment relationship, nor can they address issues of national security and defense. The reporting tool cannot be used as a vehicle for personal complaints or grievances.
What protections are afforded to the whistleblower?
The whistleblower, provided the necessary conditions are met, is entitled to the protections provided by Legislative Decree No. 24 of March 10, 2023. Specifically, the whistleblower is protected from any form of discriminatory and/or retaliatory actions that the Company or related parties may take against them as "punishment" for reporting a violation. For example, they cannot be demoted, dismissed, subjected to mobbing, etc. Any retaliatory conduct will be considered null and void under the law and will therefore have no effect. Additionally, all personnel will have the right to receive information from the Reporting Channel Manager about how to use the channels, as well as the protections afforded by law to whistleblowers. Moreover, a whistleblower who has been subjected to retaliatory actions by the Company or their superiors has the right to file a report with ANAC, the authority authorized to conduct investigations and intervene if necessary, including by imposing administrative sanctions. Finally, to support whistleblowers, ANAC has established a registry of Third Sector entities that provide assistance to whistleblowers. The registry lists entities contracted with the Anti-Corruption Authority. The support provided by the entities in the registry includes information, assistance, and free consultation on reporting procedures and protection from retaliation under national and European Union law, the rights of the individuals involved, and how to access State-sponsored legal aid.
Are the protections only applicable to the whistleblower?
No, the law extends the protective measures to the following individuals:
- "Facilitators," i.e., those who assist a whistleblower in the reporting process, who operate within the same work context, and whose assistance must remain confidential;
- Individuals working in the same work context as the whistleblower and who are closely related to them by affection or kinship up to the fourth degree;
- Colleagues of the whistleblower who work in the same work context and have a regular and ongoing relationship with the whistleblower;
- Entities owned by or employing the whistleblower, as well as entities operating in the same work context as the whistleblower.