Source: gazzettaufficiale.it
Italy has adopted a new law to transpose the EU Directive on whistleblowing. On 9 March 2023, the Counsel approved the law.
The final text of the decree was published on the Gazzetta Ufficiale (the Official Record) on 15 March 2023. The decree will have official value from March 30 but its effects will start on 15 July 2023. Until that date, the previous law will remain in effect. Provisions for small and medium enterprises are delayed to enter into force until 17 December 2023.
Giorgio Fraschini, Whistleblower Protection lead at Transparency International Italia said about the law:
“The legislative process of this law was not transparent nor inclusive as the Legislature did not have a consultation with civil society organizations or practitioners, and the final text reflects this. There has also been a lack of reflection on existing laws, international good practice principles, and acknowledgment of practical implementation considerations.
The new law amends previous legislation with the provisions of the EU Directive. It attempts to adhere to the text of the Directive, which is good but we can already see areas that fail to respect Article 25 “non-regression clause” meaning it reduces the level of protection already afforded in Italy in key areas such as introducing new duties on whistleblowers.
The law also maintains a distinction in the material scope of protection between the public and private sectors and between different companies in the private sector which will perpetuate confusion.
It also fails to establish effective and proportionate sanctions as it replicates those provided under the current law, which has proven to be ineffective.
Positively, the law does provide a role for Civil Society Organisations to provide advice to whistleblowers in the early stages. They can provide this service, free of charge to whistleblowers and they will be inserted in a specific register at the Anticorruption Authority.”