Whistleblowing, new Anac guidelines coming soon

The institute of whistleblowing has existed since 2012 ( Law No. 190 of 6 November 2012) but only with the current legislation, governed by Legislative Decree 24/2023, which transposes EU Directive 2019/1937, were measures introduced to protect the whistleblower from retaliatory acts and guarantees on the confidentiality of his or her identity by encrypting communications on the whistleblowing channel.

Companies subject to the obligation to set up internal, secure reporting channels, guaranteeing the confidentiality of whistleblowers, are of three types those that have employed, in the last year, an average of at least fifty employees, with permanent or fixed-term employment contracts; companies that, while not having an average of fifty employees, deal with certain specific sectors (services, financial products and markets and prevention of money laundering or the financing of terrorism, transport safety and environmental protection); organisations that, while not having an average of fifty employees, adopt organisation and management models as set out in Legislative Decree 231/2001.

Internal and external signalling channel

The choice of reporting channel is not discretionary for the reporter. One should primarily use the internal channel within the organisation where one works and only use the external channel when the internal channel is not active or compliant with the law; when the internal report made has not been followed up; if the whistleblower thinks it may not be followed up or cause retaliation; or when the whistleblower believes that the breach may pose an imminent/likely danger to the public interest.

There are three types of external channels: reporting to Anac, reporting to the judicial or accounting authorities, and public disclosure. The external reporting channel Anac is available from its website at the dedicated page. The enabling platform is realised through the open source software Global Leakes, a social enterprise.

The Italian Competition Authority (Agcm) has also made the whistleblowing service available for violations of competition law (antitrust). In general, every public entity has whistleblowing sections on its website and for each one the following can report: their own internal staff, temporary or occasional staff of that public entity and staff of third parties working with that public entity.