New obligations for managing reports of unlawful conduct – the discipline of whistleblowing

Flash News n.40/2023

We inform our Esteemed Customers that the deadline is next December 17 for the fulfillment that the legislator requires of private employers who have employed on average at least 50 employees in the last twelve months, as well as employers who, despite having a staff of less than 50 units, are involved in financial services and products activities, the prevention of money laundering and measures to block the financing of terrorism, transport security and environmental protection, as well as those employers who adopt the organizational models pursuant to Legislative Decree No. 231/2001.

The term "Whistleblowing" identifies the activity of reporting by an employee, internal or external collaborator of the company, and other subjects potentially entitled to do so, of facts and/or offenses discovered in the course of their activity. This reporting/denunciation activity is governed by Legislative Decree No. 24 of March 10, 2023, in force since March 30, implementing the Community Directive (EU) 2019/1937 of the European Parliament and of the Council of October 23, 2019. This directive contains provisions regarding the protection of persons who report violations of national regulatory provisions, thus providing for a series of related obligations, aimed at all public and private employers.

For companies that have employed, on average, more than 249 employees in the last twelve months, adaptation to the new legislation has already begun since July 2023.

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