After a month of consultations and close to the first deadline of 15 July 2023 for the implementation of the new discipline on whistleblowing by big companies (employing more than 249 employees), the Italian Anti-corruption Authority (ANAC) has finally issued the updated guidelines concerning the new measures on whistleblowing as set forth by Legislative Decree no. 24 of 10 March 2023, which transposes in Italy the EU Directive 2019/1937 of the European Parliament and of the Council of 23 October 2019.

Whistleblowing: The Practical Guidelines by the Italian Anti-corruption Authority

The Guidelines provide for a practical guidance for employers required to comply with the rules on whistleblowing set forth by the newly introduced discipline by the Italian Legislator.

The document is divided into four sections which regulate with in-depth doctrinal insights: (i) the whistleblowing discipline’s scope; (ii) the external reporting channel and the role of ANAC; (iii) the sanctions’ regime; and (iv) the transitional provisions.

The instructions provided are clear and detailed and focus on:

• the criteria to individuate the entities subject to the discipline
• the measures aimed at granting effective protection against retaliation not only in favour of whistleblowers but also of facilitators (i.e. persons who assist a whistleblower in the reporting process, operating in the same working environment)
• the breaches falling within the whistleblowing discipline pursuant to Italian labour...

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