Fashion, legality protocol: lack of reward measures
Lawyer Bernardi (Dentons): the strength is having detailed controls but mechanisms to incentivise companies have been defined
by Sara Monaci
3' min read
3' min read
The Memorandum of Understanding for Legality, signed by the fashion industry following the various investigations on caporalato by the Milan public prosecutor's office, together with the Milan Carabinieri's labour protection group, marks at least a new awareness among the big brands. But it evidently has limitations, given in particular by the voluntary nature, the limited territoriality and the difficulty of controlling the entire supply chain. This is said by Arnaldo Bernardi, one of the leading lawyers in Italy who advises many luxury multinationals on the implementation of controls along the supply chain. The Dentons law firm to which he belongs has also assisted several logistics and large-scale distribution companies in similar criminal proceedings.
Let us recapitulate. On 26 May, the Protocol of Understanding for the Legality of Contracts in Fashion Production Chains was signed. The initiative, which aims to create transparent and legal supply chains, was promoted by, among others, the Prefecture of Milan, the Lombardy Region and the Court of Milan along the lines of the protocol signed last year in the logistics sector.
The key element is the establishment of a platform to which companies will be able to register on a voluntary basis, providing information on their production chain (especially on the contribution, payroll, tax and health and safety at work situation). The information will be accessible to authorised operators (including sector brands), with levels of accessibility modulated according to distinct 'cones of visibility' for each supply chain.
Although formally from Lombardy, the protocol was also signed by the main trade associations (including the National Chamber of Italian Fashion and Confindustria Moda) and does not aspire to a rigid territorial scope. Companies located outside the Lombardy region will therefore also be able to register.
A key role, in the signatories' intentions, will be played by the brands, to which the protocol expressly assigns the task of sensitising their suppliers to adhere to the system and to carry out strict supply chain audits.
