Information sur le décret législatif italien n° 24 du 10 mars 2023 (Décret sur le lancement d’alerte)
In accordance with Directive (EU) 2019/1937 of the European Parliament and of the Council of October 23rd 2019, regarding the protection of persons who report violations of the EU law, Legislative Decree March 10th 2023, No. 24 was issued (published in the Official Gazette on March 15th 2023, No. 63) for the "Implementation of Directive (EU) 2019/1937 of the European Parliament and of the Council of October 23rd 2019, regarding the protection of persons who reports violations of the EU law and containing provisions on the protection of persons who report violation of national legal provisions (so-called Whistleblowing Decree)".
INTRAC S.p.A., as a private entity obligated to comply with the aforementioned legislation, has established a specific protocol aimed at regulating the submission and management of reports of illicit conduct submitted by employees and equivalent individuals who become aware of such conduct in the course of their employment relationship and/or equivalent relationship with INTRAC ("whistleblowing"), providing adequate protections to the reporters so that they are not exposed to unfavourable consequences.
This protocol is prepared in the general interest of the integrity, legality, and proper functioning of the company, while simultaneously safeguarding the rights, identity, and confidentiality of the whistle-blower.
Therefore, considering that:
- the new regulation is a tool to counteract (and prevent) corruption and mismanagement in both the public and private sectors;
- whistle-blowers provide information that can lead to the investigation, verification, and prosecution of cases of violations of regulations, thereby strengthening the principles of transparency and accountability of democratic institutions;
- the objective of the new regulation is to ensure the protection – both in terms of privacy protection and protection against retaliation – of individuals who expose themselves by reporting prejudicial situations;
- whistle-blower protection has been extended to all individuals who are even temporarily in working relationships with a public administration or private entity, even if they do not have the status of employees (such as volunteers, interns, whether paid or unpaid, self-employed individuals who carry out their work for private sector entities, freelancers, and consultants who provide their services to private sector entities), those hired on a probationary basis, as well as those who do not yet have a legal relationship with the mentioned entities or whose relationship has ceased if, respectively, information about the violations was acquired during the selection process or in other pre-contractual phases or during the course of the employment relationship (Whistle-blowers);
- the Whistleblowing Decree establishes that information about violations, including well-founded suspicions, of national and European Union regulations that harm public interest or the integrity of the private entity within the organization with which the whistle-blower has qualified legal relationships as defined by the legislator, are subject to reporting;
- information on violations (civil offenses, administrative offenses, unlawful conduct relevant under Legislative Decree No. 231/2001, violations of organizational and management models envisaged in Legislative Decree No. 231/2001) must concern behaviours, acts, or omissions that the whistle-blower has become aware of in the work context and may also involve violations not yet committed but that the whistle-blower reasonably believes could occur based on concrete elements learned in the work context;
- the legislator has mandated that within the entities to which the regulation applies, specific "internal channels" should be established to receive and handle reports.
To this end, the Supervisory Body (Organismo di Vigilanza - ODV), an independent body from the corporate entities, responsible for overseeing the correct application of Model 231, has been appointed as controller for this process. Additionally, a dedicated communication channel has been established via email at whistleblowing@intrac.it.
Therefore, reports should be submitted to the ODV by the whistle-blower through an email communication sent to whistleblowing@intrac.it.
This communication should be as detailed as possible to ensure the precise and effective management of reports and to allow the examination of the facts by the competent parties responsible for receiving and handling reports.
In particular, the following should be made clear:
- the circumstances of time and place in which the reported incident occurred;
- a description of the incident;
- personal details or other elements that allow the identification of the individual to whom the reported facts should be attributed.
The ODV, acting as the custodian of the whistle-blower’s identity, will receive and manage the reports, identifying within the company the entities directly involved and subsequently collaborating with them to conduct a thorough analysis and define, if necessary, appropriate corrective actions.
If the subject of the report is not sufficiently detailed, the ODV is entitled to request additional information from the whistle-blower to enable a complete investigative activity regarding the reported circumstances.
The ODV will perform a preliminary verification and analysis of the legitimacy of the report, initiating an inquiry into the reported facts and/or conduct while adhering to the principles of impartiality, confidentiality, and transparency. The ODV will provide information to the whistle-blower on the progress of the inquiry, focusing on key developments. Specifically, the ODV will be responsible for the following activities:
- issue an acknowledgment to the whistle-blower within seven days of receiving the report;
- maintain communication with the whistle-blower;
- give full and proper follow-up to the received reports;
- if necessary, provide feedback to the whistle-blower regarding the outcome of the report.
INTRAC S.p.A.