Since the beginning of 2023, a task force at law firm De Luca & Partners has been entirely dedicated to the new decree on Whistleblowing which requires employers to implement a system of safeguards and protection for those who report crimes and irregularities in the workplace. The task force offers legal support to companies in adopting the necessary procedures to ensure compliance with all aspects of the legislation.
According to a task force survey on the current state of play of actual implementation of the regulations by Italian companies, it appears that they are still far from compliant with the provisions that, by 17 December 2023, must be adopted by even the smallest organisations, with between 50 and 249 employees. Specifically, it is in the area of company procedures, such as the identification of breaches that can become reportable or the recipients of reports, that companies show a general lack of compliance. “We note a general tendency to underestimate the complexity of the activities to be carried out to comply with the provisions of the Whistleblowing Decree”, notes Vittorio De Luca, managing partner of De Luca & Partners. “Just to mention the main areas, all aspects of the process must be detailed in specific company procedures. Companies are delaying the careful consideration necessary to assess through which system, including computerised systems, they should make reports, in full compliance with current privacy legislation. Not only that, but it is also necessary to ensure that the disciplinary code adopted is adequate to avoid invalidating any disciplinary measures taken. And this is all in the context of regulatory framework that contains two significant risks for the failure to adopt an appropriate report management process: a fine of up to EUR 50,000, and the loss of the exemptions provided for in Italian Legislative Decree no. 231/01”, concludes Mr De Luca.
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