ITALY Law and Practice Contributed by: Alessandro Pistochini, Davide Giorgiadi, Giulia Barattini and Carlotta Scozia, Pistochini Avvocati Studio Legale
Protections Afforded to Whistle-Blowers and 7.4 Discretion for Mitigation and Aggravation . ANAC Guidelines Following the approval of Decree No 24/2023, which reshaped the whistle-blowing legislation, ANAC approved – via Resolution No 311 of 12 July 12 2023 – the “Guidelines on the protection of persons who report violations of Union law and protection of persons who report violations of national regulatory provisions – procedures for the submission and management of exter - nal reports”, which provide an overview of the new regulations and also compare them with the former ones. Finally, Decree No 24/2023 states that any processing of personal data, including that involving communication between compe - tent authorities, provided for in the Decree shall be carried out in accordance with Regulation (EU) 2016/679, Legislative Decree No 196 of 30 June 2003, and Legislative Decree No 51 of 18 May 2018. Disclosure of personal data by the institutions, bodies or organs of the EU shall be carried out in accordance with Regulation (EU) 2018/1725. Confindustria Guidelines Starting in 2021, Confindustria, the main rep - resentative organisation for manufacturing and service companies in Italy, developed compli - ance Guidelines, which have been modified over the following years to adapt to regulatory updates. These Guidelines are based on a thor - ough analysis of business practices and aim to indicate measures that are abstractly suitable to meet the needs outlined by Decree 231. Convention Between Transparency International Italy and ANAC In January 2024, Transparency International Italy (the Italian branch of a non-governmental, non- profit organisation that promotes transparency
• communication is usually reserved for HR functions and is necessary to ensure employ - ees are completely aware of the organisation - al model and the code of ethics; and • training is crucial to comply with the require - ment of Article 6 of Decree 231/2001, accord - ing to which – in order to be able to deter - mine an “exonerating effect” in favour of the company – the model must be “effectively implemented”. For public and private entities subject to Ital - ian law, the organisational model may be com - plemented by International Organization for Standardization (ISO) 37001 (“Anti-Bribery Management Systems”), which represents the first international standard designed to prevent, detect and address bribery involving a company, its personnel and its business partners. The ISO 37001 standard is designed to help legal entities maintain a proactive anti-bribery management system by establishing proce - dures, policies and controls that companies are urged to implement to prevent bribery, or at least to respond to it promptly. For further clarification regarding the penalties upon conviction for these offences, see 5.1 Pen- alties on Convictions . 8.2 Compliance Guidelines and Best Practices Concerning entity liability, under Legislative Decree 231/2001 it is noteworthy that, within the Italian legal system, there are multiple guidelines and best practices aimed at guiding businesses in implementing compliance programmes, espe - cially concerning the creation of organisational, management, and control models that compa - nies must adopt, as previously explained in 6.4
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