Whistleblowing

With Italian Legislative Decree no. 24 of 10 March 2023, published in the Italian Official Gazette no. 63 of 15 March 2023, the Italian legislature implemented Directive (EU) 2019/1937 “on the protection of persons who report breaches of Union law and provisions concerning the protection of persons who report breaches of national laws” (“Whistleblowing Directive”).

We support companies in complying with the new regulations

To support client companies, De Luca & Partners has created a TASK FORCE offering the necessary legal support to its clients in adopting the necessary procedures to ensure corporate compliance with the regulations.

De Luca & Partners’ focus team advises and supports clients in implementing whistleblowing systems that protect the confidentiality of whistleblowers and prohibit retaliation against them while simultaneously identifying conduct, actions or omissions that harm the organisation’s interests or integrity.

The task force also provides an ongoing monitoring service to ensure that any reports received by companies are properly addressed and handled.

De Luca & Partners’ operational support ​

We help Client companies:

• to identify, develop and approve appropriate procedures, policies and regulations governing reporting processes, including in light of privacy and cybersecurity aspects;
• to initiate, manage and conclude the necessary trade union consultation procedures taking into account the involvement of trade union representatives or organisations;
• to activate internal reporting channels;
• to ensure that there is protection and confidentiality for whistleblowers;
• to conduct impact assessments of personal data processing operations as part of whistleblowing activities as well as draft and update privacy documentation;
• to plan and regulating remedial actions in the event that there are reported breaches;
• to inform and train stakeholders in a clear, transparent and easily understandable manner about the company’s identified procedures and how the reporting channels work, as well as inform and train personnel involved on how to manage a report;
• to establish systems for monitoring and updating identified processes to ensure that whistleblowing management systems are consistently maintained over time;
• by acting as external recipients for reports;
• to conduct internal investigations in the event of reports;
• to conduct disciplinary proceedings.