Whistleblowing

Whistleblowing - Toffoletto De Luca Tamajo

Translation: "Whistleblowing has become law. We'll reveal all of its secrets to you."

 

Law no. 179 of 30.11.2017 came into force on 29th December 2017. Nicknamed the Whistleblowing Law, it contains “provisions for the protection of those who report crimes or irregularities that have come to their knowledge as a result of their public or private employment relationship”.

For publich entities, it has meant additions and amendments to already existing legislative procedures and protections whereas, for privately-owned companies, it is a new law that obligates them to render their organisation and management models under Legislative Decree 231/2001 with provisions and tools (including technological ones), aimed at encouraging and supporting the "courages act of whistleblowing": 

  • one or more channels (at least one must be digital) that allow employeees to report, on the basis of precise factual elements, unlawful conduct of which they have gained knowledge while performing their role within the company;
  • a guarantee that the whistleblower's identity will remain confidential when managing the report filed by the same;
  • a ban on direct and indirect retaliatory or discriminatory conduct in relation to the whistleblower for reasons connected to the report that he or she has filed;
  • discplinary sanctions against those who violate measures protecting the whistleblower, as well as those who intentionally file unfounded reports, or do so with gross negligence.  

Our firm’s services

Our clients are offered a dual service, which not only assists them in becoming compliant with the new statutory provisions, but also helps them to make the most of the advantages gained by having a transparent management, while minimising organisational costs.

Our assistance aims to analyse any models and solutions that may already be present in the company’s policies, in order to then propose – on the basis of a predefined standard model – the most suitable solution for each company. In this way, we can ensure the integration of so-called “231 Models” of organisation and management that may already be present, in addition to their reworking with this new requirement in mind.

Our firm not only advises on the procedural model, but also outlines the management processes necessary for receiving and examining disclosures of wrongdoing, as well as the identification of any possible responsibility.

In addition, our firm also provides assistance for integrating company ethics codes with an explanation of the conduct and the related sanctions risked by the whistleblower in order to prevent and quash any vindictive disclosures. At the same time, our firm will study and help to implement the right ways to guarantee the accused individual or company suitable protection from persecutory conduct and/or disclosures that are unjustifiably defamatory or, in any case, timed so as to affect the serenity of company life or of individual lives.

How much does it cost?

The service will be provided on the basis of a fee that will be agreed upon in advance and will depend on a number of varibale factors such as, the size of the company, the type of business exercised, whether there is a need to integrate and/or modify the company's ethics code and the disciplinary measures, particular exposure to risks of corruption, the amount of interaction with public entities, and the number of suppliers and clients. 

Law Maps™ Whistleblowing

Consult the results of our study on Whistleblowing, which examines and compares the regulation in place in 44 different countries around the world: Law Maps™

Law Maps™ Whistleblowing


 

WHO CAN I CONTACT TO FIND OUT MORE?

For further information, please contact Federica Paternò  (Firm partner and head of the firm's Whistleblowing team). Contact us >

Federica Paternò

Federica Paternò

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