Legislative Decree No. 24 of 10 March 2023 concerning “the protection of persons who report violations of European Union law and laying down provisions concerning the protection of persons who report violations of national laws” was enacted in implementation of Directive (EU) 2019/1937.
The decree applies to entities in the public and private sectors.
With particular reference to the private sector, the legislation extends the scope of application to entities that have employed an average of at least 50 employees in the last year or, even below this limit, to entities that deal with “sensitive” sectors (financial services, products and markets and prevention of money laundering or the financing of terrorism, transport safety and environmental protection), as well as to those that adopt organisation and management models pursuant to Legislative Decree No. 231/2001.
Conduct, acts or omissions detrimental to the public interest or the integrity of the public administration or the private entity and consisting of:
At the time of the report or complaint to the judicial or accounting authorities or public disclosure, the person filing the report or complaint must have reasonable, well-founded grounds to believe that the information concerning the violations subject to the report, disclosure or complaint is true and falls within the scope of the legislation.
The legislation specifies what cannot be reported: in particular, disputes, claims or requests linked to a personal interest of the whistleblower, pertaining exclusively to the whistleblower’s individual employment relations and/or relations with hierarchically superior persons, are excluded from the whistleblowing rules.
For such persons, the protection also applies during the trial period and before or after the establishment of the employment relationship or other legal relationship related to the employment situation.
As a priority, whistleblowers should use the internal channel; only under special conditions may they make an external report or public disclosure.
The recipient of the report is the ESG Committee of SITIP S.p.A.
To facilitate the use of this important tool for combating and preventing misconduct, SITIP S.p.A. provides the whistleblower with a secure online platform, which can be reached at https://sitip.segnalazioni.info/#/.
In the cases provided for by law (Articles 6 and 15 of Legislative Decree No. 24 of 10 March 2023), the Whistleblower may file an external report through the channel set up by ANAC (accessible on its website) or make a public disclosure, while retaining the right to the protections provided for by the legislation and the company’s whistleblowing procedure.
It should be noted that the external whistleblowing channel set up by ANAC may only be used if:
The Whistleblower may file an external Report through the channel set up by ANAC (accessible on its website) in the following cases:
For the use of this external whistleblowing channel, please refer to the guidelines and the official ANAC website.
Finally, it should be noted that in the following conditions, set out in Article 15 of the Whistleblowing Decree and on the ANAC website, the Whistleblower may resort to public disclosure if he/she: