Whistleblowing: the requirements for companies

According to Legislative Decree No. 24 of 2023, so-called “Whistleblowing”, companies, that employed an average of between 50 and 249 employees in the last year, are required to comply with whistleblowing obligations.

The decree has already been in force since 15 July 2023 for companies with an average number of employees in the previous year of more than 249.

The term “whistleblowing” refers to an anonymous report by employees on wrongdoing in the workplace.

In recent years, the regulations on whistleblowing have become more and more articulated, intending to give whistleblowers, as well as those concerned by the report, specific protection about the confidentiality of personal data and, at the same time, allowing the uncovering of unlawful conduct occurring in business contexts.

Employers should activate internal and external reporting channels and set up special procedures for handling reports.

Reports should be handled by dedicated and specially trained staff, and may also be delegated to professionals from outside the company, who must in any case guarantee, through the aforementioned procedures, the confidentiality of the reporter’s identity and prevent the indiscriminate dissemination of the contents of the report.

The processing of personal data and the documentation relating to reports must also be managed in compliance with the rules and principles contained in the GDPR and the Privacy Code, which now apply to all data processing carried out in a business context.

Failure to comply with the rules will result in the imposition of administrative fines of significant amounts by the National Anti-Corruption Authority (ANAC), as well as possible additional sanctions applicable by the Privacy Guarantor in the event of a breach of the rules on the processing of personal data.

Studio Corno Avvocati
+39 039 2456792

Studio Corno Avvocati

+39 39 2456792