Implementation of the Directive (EU) 2019/1937 the Legislative Decree no 24 of 10 March 2023 concerning "the protection of persons who report infringements of Union law and concerning provisions concerning the protection of persons who report infringements of national legislation".
The decree applies to public and private sector entities.
With particular reference to the latter sector, the legislation extends the scope to institutions which have employed, in the last year, the average of at least fifty employees or, even under this limit, to entities dealing with CDs. Sensitive sectors (services, products and financial markets and prevention of money laundering or terrorist financing, transport security and environmental protection) and those adopting organisational and management models under the Legislative Decree 231/2001.
Behaviour, acts or omissions affecting the public interest or the integrity of the public administration or private body and consisting of:
- illegal offences falling within the scope of EU or national acts relating to: public procurement; services, products and financial markets and the prevention of money laundering and terrorist financing; product safety and conformity; transport safety; environmental protection; radiation protection and nuclear safety; food and feed safety and animal health and welfare; public health; consumer protection; protection of privacy and protection of personal data and security of networks and information systems;
- acts or omissions affecting the financial interests of the Union;
- acts or omissions concerning the internal market;
- acts or behaviour that nullify the object or purpose of the provisions referred to in Union acts.
At the time of reporting or reporting to the judicial or accounting authority or public disclosure, the reporting or complainant shall have a reasonable and well-founded reason to believe that the information on the infringements reported, disclosed publicly or reported is true and falls within the scope of the legislation.
The legislator specifies what cannot be reported: in particular, disputes, claims or requests related to a personal interest of the reporting agent, relating exclusively to its individual working relationships and/or relations with hierarchically overordered figures, are excluded from the rules of whistleblowing.
- Employees and collaborators of Gasparoli Srl ;
- Free professionals and consultants working at Gasparoli S.r.l. ;
- Volunteers and trainees, paid and unpaid, who work at Gasparoli S.r.l. ;
- Shareholders (natural persons);
- Persons in the function of administration, management, control, supervision or representation, even if such duties are carried out merely.
For such persons the protection shall also apply during the trial period and before or after the establishment of the employment relationship or other legal relationship attributable to the working context.
- Without prejudice to the express consent of the data subject, the identity of the reporting agent may not be disclosed to persons other than those responsible for receiving or following the alerts. In the context of any criminal proceedings resulting from the alert, the identity of the reporting person shall be covered by the secrecy in the manner and within the limits provided for in Article 329 of the Code of Criminal Procedure. In any proceedings before the Court of Auditors, the identity of the reporting person cannot be revealed until the investigation phase is closed;
- The protection covers not only the name of the reporting agent but also all the elements of the reporting from which the identification of the reporting agent can be obtained, even indirectly;
- The alert shall be removed from access to administrative documents and the right of general civic access;
- The protection of confidentiality shall be extended to the identity of the persons involved and the persons mentioned in the alert until the conclusion of the proceedings initiated by reason of the alert, subject to the same guarantees as those provided for in favour of the reporting person.
- Any form of retaliation, even if only attempted or threatened, put in place by reason of the alert and which causes or may cause unfair damage to the reporting agent, shall be prohibited;
- Legislative Decree 24 provides a wide list, not exhaustive, of retaliations (licensing, demansion, change of functions, change of workplace, reduction of salary, change of working time, demerit notes or negative references, adoption of disciplinary measures or other sanction, even pecuniary, etc.);
- The alleged retaliation, even if only attempted or threatened, must be communicated only to ANAC in the manner specified on the ANAC website itself (https://www.anticorruzione.it/-/whistleblowing ), which is entrusted with the task of ascertaining whether it is a consequence of the report made.
Signal channels
- internal (within the working context);
- external (ANAC);
- public disclosure (through printing, electronic means or means of dissemination capable of reaching a large number of people);
- complaint to the Judicial or Accounting Authority.
As a priority, reporting agents must use the internal channel; only under special conditions may they make an external alert or public disclosure.
Reporting agents can use external channel (ANAC) when:
- there is no provision, within the context of the work, for the compulsory activation of the internal signal channel or this, even if mandatory, is not active or, even if activated, is not in accordance with the requirements of the law;
- the reporting person has already made an internal alert and has not been followed;
- the reporting person has reasonable reason to believe that, if it made an internal alert, it would not be effectively followed up or that the same alert could lead to a risk of retaliation;
- a reporting person has established grounds for believing that the infringement could constitute an imminent or manifest danger to the public interest.
Reporting agents can direct public disclosure when:
- the reporting person has previously made an internal and external alert or has made an external alert directly and has not been replied to within the time limits set for the measures planned or taken to follow up the alerts;
- the reporting person has established grounds for believing that the infringement may constitute an imminent or manifest danger to the public interest;
- the reporting person has reasonable reason to believe that the external alert may lead to a risk of retaliation or may not have followed it effectively due to the specific circumstances of the specific case, such as those in which evidence can be concealed or destroyed or where there is grounds for fear that the person receiving the alert may be colluded with the infringer or involved in the infringement.
Gasparoli S.r.l. identified who are the recipients of any qualified external professional alerts that operate as controllers under Regulation (EU) 2016/679.
To facilitate the use of this important law enforcement and prevention tool, Gasparoli S.r.l. make available to the reporting agent one Secure online platform, accessible at the address https://gasparoli.reportations.info/#/
For more details please refer to whistleblowing procedure adopted by Gasparoli S.r.l.
For information on the processing of personal data please refer todedicated privacy policy.
