Angelo Zambelli‘s article is available on Lexology.com e Leglobal.law
Italy: What are the main features of the new statutory regulation adopted on whistleblowing?
The Decree (in force starting from 15 July 2023) is intended to be the milestone on whistleblowing both for the public and private sectors and deeply innovates the former (poor) discipline.
Its scope covers a wide area of violations of national and European law that are such as to harm the public interest or the integrity of the public administration or private entity and it is no more limited to specific criminal offences.
The most innovative profile of the new regulation is that in private sector the entities mandatorily required to comply with the rules on whistleblowing have been significantly increased: entities that have employed, in the last year, an average of at least 50 employees; entities (even with less than 50 employees) operating in the banking, financial, transport safety or environmental protection sectors; entities (even with less than 50 employees) with legal personality, companies and associations, including those without legal personality, having adopted organization and management models pursuant to a Legislative Decree no. 231/2001.
In the drawn-up context, the aim of the regulation remains focused on the protection of the whistleblower’s identity and on the prohibition of retaliation, with procedural implications as well (i.e. the burden of proof on the whistleblower becomes lighter). These profiles are, however, been further enhanced – amongst others – by the express provision that the dismissal consequent to a report made pursuant to the Legislative Decree implementing European directive (EU) 2019/1937 to a Court or to an accounting authority or to a public disclosure is null and void. From an objective standpoint, extensive protection is granted to the whistleblower against retaliation, expressly listing specific cases that fall under it (e.g. dismissal, change of duties, reduction of salary etc).