After a long-lasting legislative process, Italy has joined the group of Members States that have implemented EU Directive no. 2019/1937 on whistleblowing. The new regulation sets a number of obligations for companies, which are set to take effect mostly on 15 July 2023. To ensure compliance with the new legal framework, in the coming months businesses will need to review their existing whistleblowing systems (or implement new ones) and update their compliance programs.
By Legislative Decree no. 24/2023, published on the Gazzetta Ufficiale on 15 March 2023 (“Decree”), Italy has finally implemented the EU Directive on whistleblowing.
The new regulation establishes a comprehensive legal framework for the protection of individuals who report violations of national or EU law that jeopardize public interests or the integrity of public or private entities.
The new rules aim to promote transparency and accountability and make whistleblowing a crucial tool to prevent criminal activities and breaches of national and EU law, also for companies operating in the private sector.
Below is a summary of the key provisions of the Decree concerning private-sector companies.
- Companies with at least 50 employees, those who have adopted a compliance program under Legislative Decree no. 231/2001 and those operating in specific industrial sectors (regardless of the number of employees) must establish an internal whistleblowing system that guarantees the confidentiality of the reporting person's...
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