6 November 2023
Whistleblowing: what is it

The whistleblowing directive, approved by the European Union in 2019, is a regulation that aims to protect people who report wrongdoings, including those of a criminal nature, within an organization .

In Italy, the directive was implemented with legislative decree no. 24 of 2023, which came into force on 1 August of the same year.

LEGISLATIVE DECREE 10 March 2023, n. 24

Implementation of Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons reporting breaches of Union law and laying down provisions concerning the protection of persons reporting breaches of the provisions national regulations. (23G00032) (GU n.63 of 15-3-2023 )

LINKhttps://www.gazzetta ufficio.it/atto/vediMenuHTML?atto.dataPubblicazioneGazzetta=&atto.codiceRedazionale=23G00032&tipoSerie=serie_generale&tipoVigenza=originario

Who is the whistleblower and what tools does he have at his disposal?

The whistleblower is a whistleblower, a person who, in good faith, reports an offense of which he has become aware (violation of laws or internal regulations, fraud, violation of human rights, etc.). 

The Whistleblowing system is the tool through which protection is guaranteed to those who report.

What are the protections provided?

People who report wrongdoing are protected by a number of measures, including:

  • anonymity, if requested;
  • identity confidentiality;
  • protection from retaliation, such as dismissal, demotion or discrimination.

What is changing in Italy?

With the transposition of the directive, new protections for whistleblowers have been introduced in Italy. In particular, the following have been foreseen:

  • the obligation for public and private organizations with more than 50 employees to set up an internal and an external reporting channel by 17 December 2023;
  • the possibility for whistleblowers to also contact an independent public authority;
  • the creation of a public register of reports.

Theenvisaged fines can reach up to €50,000

The objective of the directive is to prevent and combat fraud and offences, but also to involve all stakeholders through active and responsible participation that promotes transparency and integrity in public and private organisations.

If you need a simple and effective whistleblowing solution contact us!

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