The Severino Law, c.d. Anti-corruption - Law n. 190 / 2012-, entitled "provisions for the prevention and repression of corruption and illegality in the public administration" has introduced, for the first time in the national system, a provision specifically aimed at the regulation of whistleblowing in the public sphere.
Subsequently, with the law n. 179/2017, the discipline has undergone a radical development so as to provide for the application of Whistleblowing also in the private sector. In fact, the legislative provision provides for new provisions that are included in Legislative Decree no. 231/2001 or the legislative framework that introduced the "responsibility of entities".
The models will now have to include:
a) one or more channels that allow top managers and subordinates to present - to protect the integrity of the entity - detailed reports of unlawful conduct (relevant pursuant to the "231" and based on precise and concordant facts) or violations of the same organization and management model, of which they became aware due to the functions performed;
b) at least one alternative signaling channel suitable to guarantee, with computerized methods, the confidentiality of the whistleblower's identity;
c) the prohibition of retaliation or discrimination (direct or indirect) against the whistleblower, for reasons related (directly or indirectly) to the report.
This application aims to offer the aforementioned "alternative IT channel" using simple and immediately understandable methods of use for all the players involved so as to make it easier to comply with the legislation in question.
Subsequently, with the law n. 179/2017, the discipline has undergone a radical development so as to provide for the application of Whistleblowing also in the private sector. In fact, the legislative provision provides for new provisions that are included in Legislative Decree no. 231/2001 or the legislative framework that introduced the "responsibility of entities".
The models will now have to include:
a) one or more channels that allow top managers and subordinates to present - to protect the integrity of the entity - detailed reports of unlawful conduct (relevant pursuant to the "231" and based on precise and concordant facts) or violations of the same organization and management model, of which they became aware due to the functions performed;
b) at least one alternative signaling channel suitable to guarantee, with computerized methods, the confidentiality of the whistleblower's identity;
c) the prohibition of retaliation or discrimination (direct or indirect) against the whistleblower, for reasons related (directly or indirectly) to the report.
This application aims to offer the aforementioned "alternative IT channel" using simple and immediately understandable methods of use for all the players involved so as to make it easier to comply with the legislation in question.
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