COMUNICATO : Avviso relativo alle linee guida in materia di protezione delle persone che segnalano violazioni del diritto dell’Unione e protezione delle persone che segnalano violazioni delle disposizioni normative nazionali. Procedure per la presentazione e gestione delle segnalazioni esterne. (23A04171)

The Italian Official Gazzette published a notice on guidelines on the protection of whistleblowers and procedures for the submission and handling of external alerts.
With Resolution no. 311, dated 12 July 2023, the Italian National Anti-Corruption Authority (ANAC) has adopted new guidelines regarding the protection of whistleblowers who report violations of EU law and national regulations (ANAC whistleblowing guidelines).
Italy implemented the new whistleblowing framework through Legislative Decree No. 24 of 10 March 2023 (whistleblowing decree), which transposes Directive (EU) 2019/1937 on the protection of whistleblowers reporting violations of EU law. The main goals of the regulations are to protect freedom of expression and information, as well as to prevent and combat corruption and misconduct in both the public and private sectors. Please see Event#22038 for further details on the new provisions.
The ANAC whistleblowing guidelines focus on the procedures for submitting and managing external reports. The guidelines include several in-depth examinations on specific topics and illustrate aspects of the new discipline concerning:
– the subjective scope, with specific reference to public law bodies, private law bodies and the extension of the list of the latter;
– the expansion of the list of natural persons who may be protected from public reports, complaints or disclosures;
– the expansion of the objective scope and distinction between what is subject to protection and what is not;
– the discipline of the three reporting channels and the conditions for accessing them (internal, external and public disclosure channel);
– the modalities for submitting reports;
– the confidentiality obligations and processing of personal data;
– the clarification of the concept of retaliation and expansion of the relevant case law;
– the regulations on the protection of whistleblowers;
– the introduction of specific support measures for the protection of whistleblowers; and
– the review of the discipline of sanctions applicable by ANAC and introduction of sanctions in the disciplinary system adopted pursuant to Legislative Decree No. 231/2001.
The ANAC guidelines aim to guide both public and private entities in structuring and managing their internal reporting channels and organizational models. ANAC reserves the right to issue further guidance on this matter in the future.