For advice on how Safecall can help you with Italian whistleblowing legislation compliance, call us on +44 (0) 191516 7720 or send us an email to info@safecall.co.uk.
The Italian Legislative Decree No 24/2023, also known as the “Whistleblowing Decree”, is a significant piece of legislation that came into force in 2023.
This law implements the EU Whistleblowing Directive and aims to protect individuals who report breaches of national or European Union law that affect the public interest or the integrity of a public or private entity. The law is designed to promote transparency and accountability in reporting, making whistleblowing a crucial tool to prevent wrongdoing.
Requirements for Employers
The Whistleblowing Decree imposes the adoption of whistleblowing procedures to all employers. This includes companies that have employed an average of at least 50 workers in the last year, and private entities that fall within the scope of the European Union legislation. These organisations are required to establish and operate an internal whistleblowing system.
The new Italian whistleblowing legislation requires the establishment of reporting channels that comply with general data protection obligations. This includes adopting technical and organisational measures to guarantee an appropriate level of security when processing reports, training the personnel that will handle a whistleblowing report, and implementing an appropriate data processing agreement when an outsourced reporting channel is used. Organisations must make sure that reports are processed in such a way that ensures the protection of the whistleblower’s identity.
Consequences of Breaching Compliance
The Whistleblowing Decree imposes strict penalties for non-compliance. Failure to establish reporting channels in accordance with the Decree will result in administrative fines of up to €50,000 imposed by the national anti-corruption authority (ANAC). Breaches sanctioned by the WB Decree include:
- any form of retaliation
- obstructing (or attempting to obstruct) reporting
- breach of confidentiality
- failure to verify and analyse reports received
Entities that have adopted a 231 Model shall include specific disciplinary measures against those responsible for the above breaches in their disciplinary system. Furthermore, the establishment of a reporting channel compliant to the WB Decree is a mandatory requirement.
Protection for Employees
The Italian Whistleblowing Decree provides several legal protections for whistleblowers:
- Confidentiality: The identity of the whistleblower is kept confidential and can only be revealed in limited situations. The data controller has to implement a reporting channel that complies with general data protection obligations.
- Protection against retaliation: The law provides explicit protection for the “concerned person”. That is to say, the person against whom the allegation has been made and any other persons mentioned in the report. Any action taken by the employer against the whistleblower (e.g. dismissal, lay-off, change of work location) is presumed to be retaliation. This action is considered illegitimate, unless the employer is able to demonstrate in Court that the measure was instead fully unrelated to the whistleblowing.
- Right to report to the Italian National Anti-corruption Authority (ANAC): The whistleblower has the right to report to the ANAC if the local reporting channel is not active. Or, if active: is not compliant with the law; the reporter previously made a report and there was no follow-up; the reporter had reason to believe that if they made a report this could have led to retaliation.
These protections aim to encourage individuals to report breaches of national or European Union law affecting the public interest or the integrity of a public or private entity, of which they have become aware in a work-related context.
Reception of the Law
The Whistleblowing Decree has been well-received as it promotes transparency and accountability in reporting. It makes whistleblowing a crucial tool to prevent criminal activities and breaches of national and EU law. The Decree significantly changes the approach and imposes the adoption of whistleblowing procedures to all employers. This has been seen as a positive move towards creating a more transparent and accountable work environment.
Importance of External Whistleblowing Hotline Provider
The Whistleblowing Decree introduces a whistleblower’s right to report to the ANAC. The ANAC then is entitled to investigate reported behaviour or to submit the report to the appropriate administrative or judicial authorities that will take care of the necessary inquiries. This highlights the importance of having an external whistleblowing hotline provider to ensure compliance with the law and to provide an additional layer of protection for whistleblowers.
In this context, the role of an independent corporate whistleblowing hotline provider becomes crucial. Our services include anonymous whistleblower hotlines, corporate whistleblower hotlines, fraud prevention call lines, employee helplines, and whistleblowing online reporting systems. These services allow employees to report their concerns to the highest levels of management.
The use of an independent corporate whistleblowing hotline provider like Safecall is not only a compliance requirement. It is also a strategic move for companies to foster a culture of transparency and accountability. It provides a safe and confidential platform for employees to report any misconduct.
In conclusion
The Italian Whistleblowing Legislation, Legislative Decree No 24/2023, is a significant step forward in promoting transparency and accountability in both public and private sectors. It imposes stringent requirements on employers to establish and maintain effective whistleblowing systems, while also providing robust protection for whistleblowers against retaliation.
However, compliance with the law is not just about avoiding penalties. It’s about fostering a culture of integrity and trust within the organisation. Safecall’s services ensure that employees have a safe and confidential platform to report any misconduct.
In conclusion, the Whistleblowing Decree is more than just a law; it’s a catalyst for cultural change within organisations. By embracing the spirit of the law and partnering with an experienced provider like Safecall, organisations can ensure compliance and build a more ethical workplace. This, in turn, can enhance their reputation, foster employee trust, and ultimately drive long-term success.
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