ITALY Law and Practice Contributed by: Michela Bani, Alessandro Paone and Giacomo Bertelli, NIUS Legal and HR Solutions
8.5 Multi-Jurisdictional HR Internal Investigations
However, even in the absence of a mandatory report - ing obligation, an employer might choose to report in order to avoid being implicated in concealing the crime or failing to address a criminal act. In any case, if the allegation involves crimes that must be reported (eg, corruption or acts affecting public safety), the employer should file a formal complaint or report ( denuncia ) with the competent public prosecu - tor’s office ( Procura della Repubblica ) or law enforce - ment authorities (eg, police, Carabinieri ). The report should include all relevant information and evidence gathered during the internal investigation, while ensur - ing compliance with data protection regulations (eg, the GDPR); employers must ensure that the identities of whistle-blowers and others involved are protected in line with the Whistle-Blowing Decree. The employer may conduct an internal investigation before or alongside reporting to authorities. However, the employer must ensure that the investigation: • respects procedural fairness and avoids violating the rights of the employee(s) involved; • protects data privacy under GDPR rules and main - tains confidentiality, especially concerning whistle- blower protections; and • avoids interfering with or prejudicing any parallel criminal investigation by the authorities. If the allegations are confirmed and involve crimi - nal misconduct, the employer must act in accord - ance with disciplinary procedures. For companies adopting the 231 Model, if the criminal allegations involve offences listed in the 231 catalogue (eg, cor - ruption, money laundering, fraud and environmental crimes) and there is credible evidence, the company is expected to report the findings to the competent judicial authorities. Reporting is not strictly mandatory under the 231 framework but is crucial to demonstrate the company’s co-operation and good faith in order to mitigate liability.
In Italy, no specific legal procedures have been estab - lished for internal investigations involving multiple jurisdictions, but there are principles and regulations that employers must consider in order to ensure com - pliance with both local and international laws. In cas - es involving multiple jurisdictions, employers should ensure they take the following into account: • local and international laws – regulations regard - ing data protection (such as the GDPR in the EU) and employee rights can vary significantly between jurisdictions; • jurisdictional conflicts – in some instances, the laws of one jurisdiction may conflict with those of another, and this requires careful and accurate legal analysis; and • the application of Italian law – if the case involves Italian workers, even if they are working abroad, the employer must ensure compliance with Italian regulations.
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