Legislative Decree No. 24/2023 has introduced a new regulation into our legal system concerning the reporting of violations of national or European Union regulations that harm the public interest or the integrity of public administration or private entities, which the whistleblower has become aware of in a public or private work context (so-called Whistleblowing).
The whistleblower will be guaranteed anonymity and protection from potential reprisals.
The Content of the Report
The report must indicate the time and place in which the event occurred, a precise description of the event, and the personal details or other elements that allow the identification of the individual to whom the reported facts should be attributed.
Reporting via Internal Channel
Reports must be submitted through the designated channels; the choice of reporting channel is no longer left to the discretion of the whistleblower as the internal channel is prioritized.
The company ITALGARD S.r.l., in compliance with Legislative Decree No. 24/2023, has established a platform as an internal reporting channel, which enables the whistleblower (employees and other individuals mentioned in the decree) to report not only crimes but also other behaviors, risks, or irregularities that harm the public interest or the integrity of the legal entity.
Using the platform ensures the anonymity of the reporting individual’s identity, the identity of the involved individual, and anyone else mentioned in the report, as well as the content of the report and related documentation. Once the report is submitted, the system will generate a receipt with the report’s identification number, which the whistleblower is advised to keep. Additionally, within seven days, the whistleblower will receive an acknowledgment of receipt, and within the following three months, the company will provide feedback on the handling of the case.
Reporting via the Channel Established by ANAC
Legislative Decree No. 24/2023 allows for external reporting only if:
- An internal report has already been made and has not been followed up;
- There are valid reasons to believe that if an internal report were made, it would not be effectively followed up, or that such a report could lead to retaliation/discrimination;
- There is a valid reason to believe that the violation may pose an imminent or obvious danger to the public interest.
In these cases, the report must be sent exclusively to ANAC using the methods provided and available on the Authority’s website.
Link to the platform Legislative Decree No. 24/2023