Whistleblowing

What is whistleblowing?
The term “whistleblowing” refers to the often anonymous reporting of unethical or illegal activities within an organization, whether public or private. The concept originates from the English expression “to blow the whistle,” evoking the idea of a referee or a police officer drawing attention to illicit or prohibited activities to stop them.

In the legal context, whistleblowing refers to a set of rules aimed at protecting those who report crimes, legal violations, or more generally, irregular conduct at the workplace from potential retaliation following their reports.

In Italy, various regulations govern such ‘reports’ (for example, in the field of financial products and markets for anti-money laundering or terrorism prevention, related to transport safety, or environmental protection). This regulation was recently supplemented and modified by Legislative Decree 24/2023 (the “Decree”) in implementation of Directive (EU) 2019/1937 on the protection of persons who report violations of Union and national law (the “Directive”; together with the national laws implementing it and the sector-specific regulations concerning the reports, the “Whistleblowing Legislation”).

In compliance with the provisions of the Decree, Icap-Sira Chemicals And Polymers S.p.A. has implemented the following internal reporting channels:
• By registered mail with return receipt or regular mail to the mailing address of Margiotta Law Firm, located in Milan, Viale Sabotino, 19/2, to the kind attention of lawyer Germano Margiotta;
• By telephone at 02/5830072 (Avv. Germano Margiotta).

What can be reported? 
Reports will be considered valid if they concern acts or omissions that harm the public interest or the integrity of the public administration or private entity and consist of:
• administrative, accounting, civil or criminal offenses;
• unlawful conduct relevant under Legislative Decree 231/2001, or violations of the organization and management models provided therein;
• offenses falling within the scope of European Union or national acts relating to the following areas: public procurement; services, products and financial markets and prevention of money laundering and financing of terrorism; product safety and compliance; transport safety; environmental protection; radiation protection and nuclear safety; food and feed safety and animal health and welfare; public health; consumer protection; privacy and personal data protection; and security of networks and information systems;
• acts or omissions affecting the financial interests of the Union;
• acts or omissions concerning the internal market;
• acts or conduct that frustrate the object or purpose of the provisions of Union acts.

Recall how reports must be made in the public interest or in the interest of the integrity of the public administration or private entity.
The person’s reasons for reporting, whistleblowing or public disclosure are irrelevant to his or her protection.

What cannot be reported?

As stipulated in the Decree, the following are the types of reports that will be considered invalid and, therefore, discarded:
a) disputes, claims or requests related to an interest of a personal nature of the reporting person or the person making a report to the Judicial Authority that pertain exclusively to his or her individual labor or public employment relationships, or inherent to his or her labor or public employment relationships with hierarchically subordinate figures.
b) reports of violations where they are already mandatorily regulated by the European Union or national acts indicated in Part II of the Annex to the Decree or by national acts that constitute implementation of the European Union acts indicated in Part II of the Annex to Directive (EU) 2019/1937, albeit not indicated in Part II of the Annex to the Decree.
c) reports of national security breaches, as well as procurement related to defense or national security aspects, unless such aspects are covered by relevant secondary legislation of the European Union.

What are the additional reporting channels available to a reporter?
In addition to taking advantage of the internal reporting channels made available by Icap-Sira Chemicals And Polymers S.p.A., a reporter can:

  1. use ANAC’s “external” reporting channel when:
    a) there is no provision within the work context for mandatory activation of the internal reporting channel, or this channel, even if mandatory, is not active or, even if activated, does not comply with what is required by law
    b) has already made an internal report and it has not been followed up;
    c) has well-founded reason to believe that, if it made an internal report, it would not be effectively followed up or that the same report could result in a risk of retaliation;
    d) has reasonable grounds to believe that the violation may pose an imminent or obvious danger to the public interest.
  2. directly make a public disclosure when:
    a) has made an internal and external report in advance or has made an external report directly and no response has been received within the prescribed time limit regarding the measures planned or taken to follow up on the reports;
    b) has reasonable grounds to believe that the violation may constitute an imminent or obvious danger to the public interest;
    c) has well-founded reason to believe that the external report may pose a risk of retaliation or may not be effectively followed up due to the specific circumstances of the specific case, such as those where evidence may be concealed or destroyed or where there is a well-founded fear that the recipient of the report may be colluding with or involved in the perpetrator of the violation.
  3. file a complaint with the judicial or accounting authority.

Reasonableness of reporting
At the time of the report or complaint to the judicial or accounting authority or public disclosure, the reporting or whistleblowing person must have a reasonable and well-founded reason to believe that the information about the reported, publicly disclosed, or reported violations is true and within the scope of the regulations.

Processing of personal data
At the following link you can view the privacy policy prepared by Icap-Sira Chemicals And Polymers S.p.A. in relation to the handling of reports sent through internal channels: https://www.icapsira.com/wp-content/uploads/informativa-whistleblowing-eng.pdf

Download WHISTLEBLOWING Policy