Whistleblowing
Whistleblowing is a report made by a person who, in the context of his or her work, becomes aware of violations of national or European Union law that harm the public interest or the integrity of the public administration. The Italian Legislative Decree 24/2023, ‘Implementation of Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on “the protection of people who report breaches of Union law, and laying down provisions regarding the protection of people who report breaches of national regulatory provisions”, provides that the entities of the private sector activate their own reporting channels that guarantee the confidentiality of the identity of the person involved, of the person making the report, of the persons who could be the recipients of potential retaliation by virtue of their role in the reporting process or their relationship/connection with the person making the report, as well as the content of the report and the related documentation.
Reports that do not allow the identity of the whistleblower to be established are considered anonymous and, where substantiated, are treated in the same way as ordinary reports. Pursuant to Article 16, c. 4 of Legislative Decree no. 24/2023, the protection measures provided in favour of the whistleblower are also recognised in the event that a whistleblower, initially anonymous, who has reported that he/she has suffered retaliation as a result of his/her report, is subsequently identified. The anonymous report shall be retained, together with the relevant documentation, for a period of five years from the date of its receipt, in order to be traced in the event that the whistleblower informs the ANAC that he/she has suffered retaliatory measures as a result of the report.
If you have to report a retaliation suffered as a result of a previously made report, the communication must be sent exclusively to ANAC by the methods provided for and available on the Authority's website.
