There is no end to new initiatives on the subject of whistleblowing. While the provisions of Italian Legislative Decree no. 24 of 10 March 2023 are already in force for companies with 250 employees or more, for companies employing 50 to 249 employees this has only been the case since 17 December 2023, requiring them to equip themselves with whistleblowing systems. How does all this impact the work of specialised law firms?
We asked some of the firms that are supporting companies in complying with the law on the protection of persons who report breaches of national or EU regulatory provisions. Six months after its entry into force, De Luca & Partners’ dedicated task force has analysed companies’ actual application of the rule, and it emerges that they are still far from compliant with the provisions. “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”, says Vittorio De Luca, managing partner of De Luca & Partners.
“Companies are lagging behind in carefully assessing which system, including IT systems, should be used to make reports, in full compliance with applicable privacy legislation. Not only that, but companies also need to ensure that the disciplinary code adopted is adequate to avoid frustrating disciplinary measures. And this is in a regulatory framework that establishes two particularly significant risks: a fine of up to EUR 50,000, and above all, failure to comply with the exemptions provided for by Italian Legislative Decree no. 231/01”.
The full version of the interview was published on ItaliaOggi7 of 19 February 2024.