INFORMATION TECHNOLOGY
Italian Government: legislative decree implementing the EU Whistleblowing Directivedefinitively approved .
The Council of Ministers has approved for final consideration the Legislative Decree implementing Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law, commonly known as the Whistleblowing Directive. The purpose of the Directive is to regulate the protection of whistleblowers within the European Union by providing minimum standards of protection to unify national laws.
The objective of the Whistleblowing Directive.
The main objective of the European legislation is to strengthen the principles of transparency and accountability and prevent the commission of crimes. The protection provided by the European legislation on whistleblowing does not distinguish between the public and private sectors, and the protection measures also extend to so-called "facilitators" (i.e., those who assist the employee in the whistleblowing process), colleagues, and even relatives of whistleblowers.
Subject and modalities of whistleblowing.
Regarding the subject matter of whistleblowing, the Directive refers to violations of Union law with the aim of protecting the public interest. In addition, the Directive provides for protection even in the case of reports or disclosures that later turn out to be unfounded, if the reporter had reasonable grounds to believe that the violations were true.
Reports can be made through three different reporting channels: internal, external, and public. The directive provides that whistleblowers who make a report through public disclosure are also eligible for protections, provided that the internal or external channel was first used, but there was no appropriate response; or the internal or external channels were not used due to risk of retaliation or ineffectiveness of those systems.
The Whistleblowing Directive also requires all public entities to have internal reporting channels, with exemptions available for municipalities with a population of less than 10,000 and public entities with fewer than 50 employees. In addition, private entities with more than 50 employees, as well as those operating in certain and specific sectors, regardless of the number of employees, must have internal reporting channels.
Implementation in Italy of the Whistleblowing Directive.
In Italy, while in the public sector the legislation is for the most part in line with the European discipline, in the private sector the protection of the whistleblower is limited, relating exclusively to workers and collaborators of entities that use the organizational model pursuant to Legislative Decree No. 231 of June 8, 2001, with reference only to offenses relevant under that legislation. In Italy, therefore, whistleblower protection in the private sector is limited, while in the public sector Italian legislation is in line with European legislation.
Whistleblower protection implies the guarantee of the confidentiality of the whistleblower, the prohibition of retaliatory acts and the provision of a just cause for disclosure of secrets that may exempt the worker from civil and criminal liability.
Protection ceases in the case of unfounded reports made with malice or gross negligence.
(Source: Banking Law website - Content owner: Bancaria Consulting S.r.l.)
The objective of the Whistleblowing Directive.
The main objective of the European legislation is to strengthen the principles of transparency and accountability and prevent the commission of crimes. The protection provided by the European legislation on whistleblowing does not distinguish between the public and private sectors, and the protection measures also extend to so-called "facilitators" (i.e., those who assist the employee in the whistleblowing process), colleagues, and even relatives of whistleblowers.
Subject and modalities of whistleblowing.
Regarding the subject matter of whistleblowing, the Directive refers to violations of Union law with the aim of protecting the public interest. In addition, the Directive provides for protection even in the case of reports or disclosures that later turn out to be unfounded, if the reporter had reasonable grounds to believe that the violations were true.
Reports can be made through three different reporting channels: internal, external, and public. The directive provides that whistleblowers who make a report through public disclosure are also eligible for protections, provided that the internal or external channel was first used, but there was no appropriate response; or the internal or external channels were not used due to risk of retaliation or ineffectiveness of those systems.
The Whistleblowing Directive also requires all public entities to have internal reporting channels, with exemptions available for municipalities with a population of less than 10,000 and public entities with fewer than 50 employees. In addition, private entities with more than 50 employees, as well as those operating in certain and specific sectors, regardless of the number of employees, must have internal reporting channels.
Implementation in Italy of the Whistleblowing Directive.
In Italy, while in the public sector the legislation is for the most part in line with the European discipline, in the private sector the protection of the whistleblower is limited, relating exclusively to workers and collaborators of entities that use the organizational model pursuant to Legislative Decree No. 231 of June 8, 2001, with reference only to offenses relevant under that legislation. In Italy, therefore, whistleblower protection in the private sector is limited, while in the public sector Italian legislation is in line with European legislation.
Whistleblower protection implies the guarantee of the confidentiality of the whistleblower, the prohibition of retaliatory acts and the provision of a just cause for disclosure of secrets that may exempt the worker from civil and criminal liability.
Protection ceases in the case of unfounded reports made with malice or gross negligence.
(Source: Banking Law website - Content owner: Bancaria Consulting S.r.l.)
