Key updates on whistleblowing compliance in Italy: Confindustria guidance

by Francesco Rubino

Confindustria, the main association representing Italian manufacturing and service companies, published on May 14 an updated version of its “Operational Guide for Private Entities” on the management of whistleblowing reports.

The update follows the revision of the whistleblowing guidelines issued in December by ANAC, the Italian National Anti-Corruption Authority. The purpose of the new guide is to help private companies correctly implement the rules introduced by Italian Legislative Decree No. 24/2023 concerning the protection of whistleblowers.

Among the key topics addressed, particular attention is given to the relationship between the new whistleblowing framework and the so-called “231 Organizational Model” - the internal compliance and risk-management system adopted by Italian companies under Legislative Decree 231/2001 to prevent corporate crimes and limit corporate liability.

In line with the ANAC Guidelines, Confindustria recommends that companies update their 231 Models to clearly define:

  • the reporting channels adopted;
  • the prohibitions on retaliation applicable in favour of the whistleblower;
  • the confidentiality obligations regarding the handling of information related to the management of reports;
  • the disciplinary sanctions applicable in the event of a violation of the provisions of the whistleblowing regulations and/or in the event that the whistleblower is found liable for defamation or sland.