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San Giorgio S.P.A.

The new whistleblowing rules were introduced into Italian law with the publication in the Official Gazette of Legislative Decree No. 24/2023, through which Italy transposed Directive (EU) 2019/1937 of the European Parliament and of the Council on the protection of persons who report breaches of Union law and violations of national legislation. The Decree entered into force on March 30, 2023, and its provisions have applied since July 15, 2023.

The protection of whistleblowers requires companies to establish reporting channels where, during the previous year, they employed an average of at least 50 employees or adopted the Organizational Model provided for by Legislative Decree No. 231/2001.

Legislative Decree No. 24/2023 provides a range of safeguards and protective measures for whistleblowers, including confidentiality obligations, a prohibition on retaliation, support measures for whistleblowers and facilitators, and limitations of liability.

For the full text of the legislation, please consult the Italian Official Gazette.

What can be reported?

  • > Conduct, acts or omissions that harm the public interest or the integrity of a public administration or private-sector entity and that involve:
  • > administrative, accounting, civil or criminal offenses;
  • > unlawful conduct relevant under Legislative Decree No. 231/2001, or violations of the organizational and management models provided for therein;
  • > offenses falling within the scope of European Union or national legislation in the following areas: public procurement; financial services, products and markets, and the prevention of money laundering and terrorist financing; product safety and compliance; transport safety; environmental protection; radiation protection and nuclear safety; food and feed safety and animal health and welfare; public health; consumer protection; privacy and personal data protection; and the security of networks and information systems;
  • > acts or omissions affecting the financial interests of the European Union;
  • > acts or omissions relating to the internal market;
  • acts or conduct that undermine the purpose or objectives of the provisions contained in European Union acts.

Nothing to report?

Please note that the law prohibits the organization from engaging in discriminatory or retaliatory conduct against whistleblowers.

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