Effective March 30, 2023, the legislative decree regarding whistleblowing: what do you need to know?

On March 10, 2023, the new Italian law at whistleblowing: by July 15 companies with more than 250 employees will have to implement a wrongdoing reporting system, while companies with more than 50 employees, have time to adapt until the December 17, 2023.

Requirements already established by EU Directive 2019/1937 include:

  • The requirement to establish an internal reporting channel
  • The assurance of maintaining the confidentiality of the identity of the reporter
  • The secure storage of sensitive data
  • GDPR compliance
  • Meeting deadlines in case management
  • Clear communication to stakeholders
  • Reporting to the national supervisory authority.

I New requirements specified in Legislative Decree No. 24/2023 On whistleblowing include:

  • The need for specific training for those involved in managing the reporting channel
  • The precise definition of criteria for keeping records of reports
  • The clear delineation of requirements for public reporting

In addition, the National Anticorruption Authority (ANAC) will now be able to impose administrative fines ranging from 10,000 to 50,000 euros under certain circumstances. These sanctions will be applied when retaliatory acts occur or when it is determined that a report has been obstructed or attempted to be obstructed, or when a duty of confidentiality has been violated. Likewise, these sanctions may be applied if ANAC verifies the absence of established reporting channels or failure to adopt procedures for making and handling reports. In addition, there are administrative penalties of 500 to 2,500 euros if the person who made the report is held criminally liable for crimes of defamation or slander.

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A reporting system is extremely useful for several reasons:

  • Detect and prevent illegal behavior: A reporting system allows people to report suspicious activities, unethical behavior or illegal practices within an organization. This enables early detection and prevention of situations of corruption, fraud or other regulatory violations.
  • Promoting transparency and accountability: An open and well-managed reporting system promotes transparency within an organization. It encourages people to report wrongdoing in a safe and confidential manner, creating an environment in which misconduct can be brought to light without fear of retaliation. This helps promote accountability and counter the culture of impunity.
  • Protecting whistleblowers: An effective reporting system protects the identity of whistleblowers. This is especially important because many people may be reluctant to report violations or misconduct for fear of repercussions to their career or personal safety. Protecting the identity of whistleblowers promotes a safe environment and encourages greater participation in reporting potential problems.
  • Improve management and governance: A reporting system provides organizations with valuable information about the presence of irregularities or improper behavior. This enables prompt action to be taken, corrective measures to be taken, and internal governance practices to be improved. Through a reporting analysis process, areas of risk can be identified and preventive measures implemented to mitigate them.

An effective reporting system is a key tool for preventing, identifying and correcting regulatory violations within an organization. It helps promote transparency, ethics and accountability, fostering a healthy and compliance-oriented work environment.

With the our whistleblowing software We respond to the need to identify and address irregularities within organizations, protecting whistleblowers and promoting accountability, transparency and integrity. This practice is fundamental to the effective governance and management of organizations in both the public and private sectors.

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