Categories: Insights, Publications · News, Publications

Tag: Employment & Labour Law, Whistleblowing


17 Dec 2023

Whistleblowing: Italian companies still non-compliant just before 17 December deadline (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 13 December 2023 – Vittorio De Luca)

The task force focus team highlights companies’ failure to adopt decree provisions.

Six months after the entry into force of the Italian legislative decree on Whistleblowing the dedicated task forceof De Luca & Partners’, a leading law firm in consultancy and assistance in employment law, analyses its actual implementation by Italian companies.

The decree requires employers to implement a system of protection and safeguards for those who report crimes and irregularities within the context of a public or private work relationship.

According to analysis by the De Luca & Partners task force, Italian companies are still far from compliant with the provisions which, from 17 December 2023, also affect smaller organisations with between 50 and 249 employees.

The task force noted that it is primarily in the field of dedicated company procedures – such as the identification of breaches that can become the subject of a report or the recipients of the reports themselves – that companies show general non-compliance.

Looking at companies’ behaviour to date, we notice a general tendency to underestimate the complexity of the activities to be carried out to comply with the provisions of the Whistleblowing Decree”, underlines Vittorio De Luca, Managing Partner of De Luca & Partners. “Just to mention the main areas, all aspects of the process must be detailed in specific company procedures. Companies are delaying the careful consideration necessary to assess through which system, including computerised systems, they should make reports, in full compliance with current privacy legislation. Not only that, but it is also necessary to ensure that the disciplinary code adopted is adequate to avoid invalidating any disciplinary measures taken. And this is all in the context of regulatory framework that contains two significant risks for the failure to adopt an appropriate report management process: a fine of up to EUR 50,000, and the loss of the exemptions provided for in Italian Legislative Decree no. 231/01”, adds Vittorio De Luca.

The task force launched by De Luca & Partners includes the Firm’s Compliance team and offers all aspects of legal support required by companies to adopt the procedures necessary to guarantee compliance with all aspects of the legislation.

Continue reading the full version on Norme & Tributi Plus Diritto of Il Sole 24 Ore.

Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

30 Apr 2026

Webinar “Bonuses: What Do You Need to Know About Objectives?” – HR Coffee with De Luca & Partners

Yesterday, during our first webinar “HR Coffee with De Luca & Partners", the speakers Vittorio De Luca, Managing Partner, and Alessandra Zilla, Managing Associate at De Luca &…

27 Apr 2026

Management of corporate email after termination of employment: the Italian Data Protection Authority extends the right of access to all emails in the individual email account 

“An employee may access the messages in their corporate email account and the documents stored on their computer after the termination of employment. Any limitations must be justified by specific…

27 Apr 2026

Unemployment benefits and resignation following transfer beyond 50 km: distance alone is not sufficient, employer’s breach must be proven  

With order no. 10559 of 21 April 2026, the Italian Supreme Court addressed the issue of unemployment benefits (i.e. “NASpI”) in the context of resignations for just cause following…

27 Apr 2026

DID YOU KNOW THAT… the probationary period clause is null and void if the duties are described in generic terms? 

The Court of Milan, with judgment no. 683 of 3 April 2026, reaffirmed that a probationary clause (i.e. “patto di prova”) is valid only if it contains a specific indication of the duties subject to…

17 Apr 2026

Criminal penalties are being introduced for those who fail to protect remote workers (The Platform, 17 April 2026 – Vittorio De Luca e Martina De Angeli)

The provision amends Legislative Decree 81/2008 by introducing a new Article 3, paragraph 7-bis, which makes compliance with safety obligations conditional upon the delivery—at least annually—of a written…

15 Apr 2026

Dismissal deemed valid based on a message sent in a WhatsApp chat (Camera di Commercio Italo-Francese – Vittorio De Luca, Silvia Zulato)

With Order No. 7982 of March 31, 2026, the Italian Supreme Court (Labour Section) held that a message sent within a private chat may constitute just cause for…