Italy issues new whistleblowing regulations

There are upcoming obligations in Italy for all companies with more than 50 employees, aimed at protecting the persons who report violations (Whistleblowing). 

The Legislative Decree no. 24 of 10 March 2023 transposing Directive (EU) 2019/1937 pursues the objective of strengthening the protection of persons who report violations of national or European regulatory provisions, which damage the interests and/or the integrity of the public or private body to which they belong, and of which they have become aware in the carrying out the work activity.

The new rules apply to private entities that have employed at least 50 workers in the last year. The companies will have to set up internal channels to receive reports, managed in such a way as to guarantee the confidentiality of the identity of the whistleblower and the protection of any third parties mentioned in the report. 

What can we assist in?

1.  Drafting or reviewing and commenting on the whistleblowing procedure, also to verify compliance with the authority's guidelines
2. Verification of roles and responsibilities in the data processing (e.g. preparation of the appointment of any provider that manages the reporting platform if not present)
3. Drafting of the information for the processing of the personal data of the whistleblower, the reported person and all those involved in the report
4. Drafting of the impact assessment on data protection with respect to the methods of data collection and reporting management
5. Integration of the RoPA (record of processing activities) with the new one on whistleblowing
6. Employee / management training

Timing for the implementation/adaptation of reporting channels

• By 15 July 2023: for companies with more than 250 employees.
• By 17 December 2023: for private sector companies from 50 up to 249 employees.

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