Categories: Insights, Legislation

Tag: Directive, Whistelblowing


4 Nov 2019

Whistleblowing: Italian law and EU Directive compared

On 7 October 2019, the European Council adopted the Directive on the “Protection of individuals who report breaches of EU law (known as whistleblowers), i.e. those within the territory of the European Union who report misconduct of which they have become aware in the workplace.

Member States of the Union have two years from the forthcoming date of publication of the Directive in the Official Journal of the European Union, in order to transpose the EU regulations into national law.

The measure aims to harmonise, within the European Union, the regulations on whistleblowing, giving all countries the opportunity to model their national legislation on the basis of best international standards and practices.

In this context, Italian Law 179/2017 will be affected by numerous changes.

Comparison between Italian legislation and the EU Directive

The first aspect intended to be amended concerns the scope. Whilst the Italian law applies only to companies that have adopted management and control models (so called “Organisational Model 231”), the Directive concerns all private companies with more than 50 employees or an annual turnover exceeding €10 million (irrespective, therefore, of the application of Model 231). Small- and medium-sized enterprises are therefore exempted, with the exception of those operating in high-risk sectors (e.g. financial risk or money laundering risk). As regards the public sector, the EU directive leaves it up to the Member States to exempt municipalities with less than ten thousand inhabitants and public bodies with less than fifty employees.

The directive also broadens the scope of protected subjects, including, not only employees, but also self-employed workers, freelancers, consultants, contractors, suppliers, volunteers, trainees, etc. Protection is also extended to informants’ family members and colleagues.

Public authorities and companies receiving a report are required to follow up within three months, otherwise the reporter shall be entitled to publish the information (e.g. via the internet or social media).

In addition, as regards the Italian legislation that refers to “information channels”, the directive provides for the appointment of a company contact person (department or person) responsible for receiving the report to be verified within three months.

The European Directive also covers the sectors subject to reporting. Whilst in Italian legislation the areas covered by the reports concern the offences referred to in Legislative Decree no. 231/2001 (i.e.., “alleged offences”), the European directive, on the other hand, includes additional sectors, such as public procurement, financial services, privacy and data protection, etc.

Lastly, as regards anonymous reports, whilst in Italy, in the public sector, the identification of the reporter is foreseen and, in the private sector, anonymous reports are permitted, the Directive allows for anonymity, leaving it up to the Member States to decide whether public bodies and authorities are obliged to accept these types of alerts.

Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

8 Jul 2026

Pay transparency: one month after its entry into force, two approaches are emerging in the market (The Platform, 8 July 2026 – Vittorio De Luca, Claudia Cerbone e Martina De Angeli)

Since 7 June, EU rules aimed at strengthening the principle of equal pay between men and women for the same work or for work of equal value have…

2 Jul 2026

Did you know…? As of 7 June 2026, Legislative Decree No. 96/2026 is fully in force

As of 7 June 2026, Legislative Decree No. 96/2026 is fully in force. It also introduces into the Italian legal system a structured framework on pay transparency, with…

2 Jul 2026

Failure to serve disciplinary charges does not render the dismissal null and void: italian supreme court confirms no reinstatement remedy for employers below the statutory workforce threshold

Principle of Law In its recent judgment No. 17283 of 1 June 2026, the Italian Supreme Court (Corte di Cassazione) examined the legal consequences arising from the employer's…

2 Jul 2026

AI and the employment relationship: initial guidance from the implementing decrees and data protection implications

Following the preliminary approval by the Council of Ministers, on 10 June 2026, of the first draft legislative decrees implementing the enabling law on artificial intelligence (Law No.…

1 Jul 2026

Sustainability, Responsibility, and the Future: A Commitment That Grows with Time

As we celebrate our 50th anniversary, we have chosen to look to the future with the same care and dedication with which we preserve our roots. Those roots…

25 Jun 2026

Pay Equity and Pay Transparency: What Will Change in Italy (People are People, 25 June 2026 – Claudia Cerbone e Martina De Angeli)

With Legislative Decree No. 96 of 7 May 2026, which entered into force on 7 June 2026, Italy transposed Directive (EU) 2023/970 on pay transparency, becoming one of…