With the Law n. 179 of 2017 as recently amended by D.lgs. n. 24/2023 implementation of the European Directive n. 1937/2019 was introduced the obligation for private companies and public administrations to activate internal reporting channels of violations. The aforementioned European Directive of 16 April 2019 no 1937, which obtained a favourable opinion from the Italian Data Protection Authority, confirms the obligation for companies with more than 50 employees to have secure reporting channels.
The term whistleblowing means the spontaneous revelation by an individual, called “signaling” (in English “whistleblower”) an offence or irregularity committed within the undertaking which the latter has witnessed in the performance of its duties. This regulation therefore protects employees who report violations of rules, including those relating to data protection, of which they became aware in the workplace, both public and private. From the scope of application of the decree are excluded disputes or claims of a personal nature in individual employment or public employment relationships and reports of violations of national security or procurement related to defence or security aspects national. The whistleblower is often an employee but can also be a third party, for example a supplier or customer.
Whistleblowing is called “internal” when the report is made by an employee of the company through internal reporting channels. These tools are intended to ensure a way of communication to all those who are aware of illegal or unethical acts occurred within the organization. When the complaint is made publicly, for example to the judicial authority or the press, it is referred to as “external” whistleblowing. This form is often chosen by those who do not have sufficient confidence in their organisation or who do not consider internal case management systems and/or procedures to be adequate.
For this reason, Lux Impianti, in accordance with the Organizational Model 231 D.lgs. 231/01 which it has adopted, and the code of ethics and conduct approved and operating, will shortly activate, after hearing the representations or trade unions referred to in Article 51 of Legislative Decree No 81 of 2015, its reporting channels, which ensure, including through the use of cryptography, the confidentiality of the identity of the reporting person, of the person involved and of the person mentioned in any case in the alert, as well as of the content of the alert and its documentation». The management of the reporting channel will be entrusted to a person or to a dedicated internal office with staff specifically trained for the management of the reporting channel, or entrusted to an external entity, also autonomous and with trained staff.
Finally, it should be noted that the choice of the reporting channel is no longer left to the discretion of the whistleblower because priority is given to the use of the internal channel and, only according to one of the conditions referred to art. 6 of D.lgs. n. 24/2023, it is possible to make an external report.