By way of the Decree No. 24/2023 (“Decree”), Italy has transposed into law the Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of union law into various jurisdictions.
The purpose of the Decree is to safeguard individuals who report breaches of certain national or European Union laws (which came to their knowledge in the work context) that may jeopardize the public interest, the integrity of public administration or of a private entity[1].
Already in July 2023, the National Anti-Corruption Authority (“ANAC”) had published guidelines focused on the submission of the external reports in accordance with the Decree (“ANAC Guidelines”).
While it now approaches the last deadline for the compliance to the Decree (i.e., 17 December 2023, see below point 2), the main association representing manufacturing and service companies in Italy (“Confindustria”) has now published on 30 October 2023 guidelines for the implementation of the Decree in the private sector[2] (“Confindustria Guidelines").
The indications therein contained are very useful in clarifying aspects, including those of an operational nature, on which the Decree was silent.
In this article, we will provide an overview of the Decree, as now better clarified by the Confindustria Guidelines, focusing especially on the obligations laying on the private entities[3].
1. PERSONAL SCOPE OF THE DECREE
In the Decree it is provided that the...
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