As is well known to many, the EU Directive no. 2019/1937 required EU member states to fully regulate whistleblowing procedures.
The term whistleblowing commonly refers to the disclosure by an individual of a wrongdoing committed within an entity, and with which the individual has become acquainted while carrying out their duties.
Four years after the directive came into force, and after having been subject to an infringement procedure by the European authorities, on March 2023 Italy implemented the directive through the approval of the Legislative Decree no. 24/2023 (the Whistleblowing Decree).
The purpose of the Whistleblowing Decree is to protect people who report violations of regulatory provisions that could affect the interest or the integrity of the public administration or of a company.
The main content of the Whistleblowing Decree can be summarized as follows:
Private companies should take particular note of the following provisions, which have significant implications.
Section 2 (1), letter q) of the Whistleblowing Decree provides that the new regulation will apply to companies that:
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