Whistleblowing

×

Accept the conditions to continue

Pursuant to art. 12 of Legislative Decree no. 24/2023 in the context of any criminal proceedings, the identity of the reporter is covered by secrecy in the ways and within the limits established by the art. 329 of the Criminal Procedure Code ("until the accused can have knowledge of it and, in any case, no later than the closure of the preliminary investigations"); in the context of any proceedings before the Court of Auditors, the identity of the whistleblower cannot be revealed until the investigation phase is closed.
In the context of any disciplinary proceedings, the identity of the whistleblower cannot be revealed, where the contestation of the disciplinary charge is based on investigations that are distinct and additional to the report, even if consequent thereto; if the contestation of the disciplinary charge is based, in whole or in part, on the report and knowledge of the identity of the person making the report is indispensable for the defense of the accused, the report will be usable for the purposes of the disciplinary proceedings only in the presence of the consent of the signaling the revelation of his identity.
The investigative powers of the judicial authorities are reserved.
We inform you that reports made anonymously can only be taken into consideration in particular cases (i.e. if adequately substantiated and provided in great detail) and, in any case, not pursuant to Legislative Decree no. 24/2023.
The reports, even if sent anonymously in the first instance, may subsequently be integrated with the personal details of the person making the report in order to acquire any legal protection in addition to management priority.
All reports, in compliance with the protection of the confidentiality of the identity of the person making the report, may be sent by the RPCT to other institutions (ordinary judicial authorities, Court of Auditors, Department of Public Function, other Administrations, etc.).
The report is excluded from the access provided for by the articles. 22 ff. of the law n. 241/1990 and the articles. 5 ff. of Legislative Decree no. 33/2013, pursuant to art. 12, co. 8 of Legislative Decree no. 24/2023.

I agree to Privacy Policy

×

What is Whistleblowing

The European Whistleblowing Directive was created with the aim of strengthening protection of the subjects who report violations of community regulatory provisions throughout the territory of the Union. In Italy in response to the European directive, Legislative Decree no. 24/2023 was born with the aim of protecting whistleblowers from retaliation both in the public sphere and in private dress.

Reporters have various reporting channels at their disposal:

• internal - within the working context;
• external - ANAC;
• public disclosure - through print, electronic or broadcast media able to reach a number high number of people;
• report to the judicial or accounting authority.

At the time of reporting, the reporting person must have a reasonable and well-founded reason to believe that the information about the violations reported, publicly disclosed or reported is true and valid within the scope of legislation.

Reports must be made in the public interest or interest to integrity of the administration public or private entity. The reasons that led the person to report, denounce or disclose publicly are irrelevant for the purposes of his protection.

×

Who can report?

Legislative Decree no. 24/2023 establishes the role of reporter for the following categories:

• the employees of the Public Administrations referred to in art. 1, paragraph 2, of Legislative Decree no. 165/2001, including the staff under public law, as well as employees of the independent administrative authorities of guarantee, supervision or regulation;
• employees of public economic bodies and private law bodies subject to control public pursuant to of the art. 2359 of the Civil Code, of in-house companies, public law bodies or concessionaires Of public service;
• self-employed workers who carry out their work for entities in the sector public;
• workers or collaborators who carry out their work for subjects of the sector public that they supply goods or services or carry out works for third parties; freelancers and consultants who work for entities in the sector public;
• volunteers and interns, paid and unpaid, who work for entities of the public sector;
• shareholders and people with administrative, management, control, supervisory or supervisory functions representation, too if these functions are exercised on a purely de facto basis, by public sector entities.

This decree also extends protection to those categories of people who do not yet have a legal relationship begun, if the violations concern selection periods or pre-contractual phases, e to non-reporting subjects who may be directly or indirectly involved in the reporting process report.

×

What can be reported?

Legislative Decree no. 24/2023 establishes that they are subject to reporting all those behaviors e violations, which harm the public interest the integrity of the public administration or private entity where the whistleblower is involved and of which he has experience or well-founded suspicion. The report may also concern violations not yet committed if there are any elements concrete facts on which to base the accusation.

concealments can also be reported violations or evidence.

Given the potential vastness of what can be reported, the decree regulates the form written the various types of acts, offenses or violations that may be the subject of a complaint (see Legislative Decree. n. 24/2023 - 10 March 2023).

×

When should you contact the ANAC?

ANAC, the National Anti-Corruption Authority, is the entity responsible for managing the external channel of reports. This channel can be used when:

• In the work context, the mandatory activation of the communication channel is not foreseen report internal that is, even if mandatory, it is not active or, even if activated, it does not comply with what required From law;
• the reporting person has already made an internal report and it has not been followed up on;
• the reporting person has reasonable grounds to believe that, if he were to make an internal report, at the same not would be followed up effectively or that the report itself could lead to a risk of retaliation;
• the reporting person has reasonable grounds to believe that the violation may constitute a danger imminent or obvious for the public interest;

Furthermore, whistleblowers can directly make a public disclosure when:

• the reporting person has previously made an internal and external report or has carried out directly an external report and no response was given within the established deadlines regarding the measures expected or adopted to follow up on reports;
• the reporting person has reasonable grounds to believe that the violation may constitute a danger imminent or obvious for the public interest;
• the reporting person has reasonable grounds to believe that the external reporting may lead to the risk Of retaliation or may not be effectively followed up due to the specific circumstances of the case concrete, like those in where evidence may be hidden or destroyed or where there is well-founded fear that the person has received the report may have colluded with the perpetrator of the violation or was involved in the violation itself.

×

How is the whistleblower protected?

The identity of the reporter cannot be disclosed to persons other than those competent to receive or to give following to reports.

Protection concerns not only the name of the whistleblower but also all the elements of the report from which yes can obtain, even indirectly, the identification of the reporter.

The report is exempt from access to administrative documents and the right of civic access generalized.

The protection of confidentiality is extended to the identity of the persons involved and the persons mentioned in the reporting until the conclusion of the proceedings initiated due to the reporting, in compliance of the same guarantees provided in favor of the reporting person.

×

Privacy Policy

Very kind,
hereby IMPRESA PULIZIA PULITECNICA S.R.L. wishes to inform you of how it processes the data collected and what rights are recognized to the interested party pursuant to Regulation (EU) 2016/679, relating to the protection of natural persons with regard to the processing of personal data and Legislative Decree 196/2003 , regarding the protection of personal data, as amended by Legislative Decree 101/2018.

Pursuant to the articles. of art. 13 and 14 of Regulation (EU) no. 2016/679 (General Data Protection Regulation, hereinafter GDPR and Legislative Decree 24/2023 IMPRESA PULIZIA PULITECNICA S.R.L. provides, below, the information on the processing of personal data carried out in relation to the management of Reports, governed by Whistleblowing procedure.

The PURPOSES for which the data will be collected are the following:
a) management of the Report made pursuant to Legislative Decree no. 24/2023;
b) fulfillment of obligations established by law or community legislation;
c) defense or verification of one's right in civil, administrative or criminal disputes.

The data directly provided by you (pursuant to art. 13 - GDPR) to report alleged illicit conduct of which you have become aware due to your employment relationship, will be processed by the data controller itself to manage such situations. Personal data are therefore acquired if they are contained in the report, refer to the reporting person and may also refer to people indicated as possible responsible for the illicit conduct (reported), as well as to those involved in various capacities in the reported events.

The reception and management of reports gives rise to processing of personal data known as “common” (name, surname, job role, etc.), as well as may give rise, depending on the content of the reports and the deeds and documents attached to them, to the processing of so-called personal data. “particulars” (data relating to health conditions, sexual orientation or trade union membership, referred to in Article 9 GDPR) and personal data relating to criminal convictions and crimes (referred to in Article 10 GDPR).

The provision of data is necessary to achieve the above purposes; their failure, partial or incorrect provision could result in the impossibility of managing the report.

Pursuant to art. 14 of the GDPR, the data processed are those of the interested parties possibly provided in the context of a report of crimes or alleged illicit conduct of which the reporting person has become aware due to his/her employment, service or supply relationship with IMPRESA PULIZIA PULITECNICA S.R.L.. I personal data are therefore processed to carry out the necessary investigative activities aimed at verifying the validity of the Reports, as well as, if necessary, adopting adequate corrective measures and undertaking appropriate disciplinary and/or judicial actions against those responsible for the illicit conduct.

LEGAL BASIS
for the purposes referred to in letter a), from the fulfillment of a legal obligation to which the Data Controller is subject (art. 6, par. 1, letter c) of the GDPR); furthermore, for recorded reports collected by telephone or via voice messaging systems or in any case in oral form, by the consent of the Reporter (art. 6, par. 1, letter a) of the GDPR);

for the purposes referred to in letter b), from the fulfillment of a legal obligation to which the Data Controller is subject (art. 6, par. 1, letter c) of the GDPR). for the purposes referred to in letter c), by the legitimate interest of the owner (art. 6, par. 1, letter f) of the GDPR)

It is specified that, in accordance with the provisions of the art. 54-bis Legislative Decree. 165/2001, in the event that the report leads to the establishment of disciplinary proceedings against the person responsible for the illicit conduct, the identity of the reporter will never be revealed. If knowledge of the identity of the whistleblower is indispensable for the defense of the accused, the whistleblower will be asked whether he intends to give specific, free consent for the purposes of revealing his identity.

COMMUNICATION AND DISSEMINATION OF DATA:
Some processing of personal data may be carried out by additional third parties, to whom IMPRESA PULIZIE PULITECNICA S.R.L. entrusts certain activities (or part of them) for the purposes referred to in point b); these subjects will operate as duly designated external data processors and are essentially included in the following categories:
to. Consultants (Organization, Litigation, Law Firms, etc.)
b. Companies responsible for administration and personnel management,
c. Auditing/review company
d. Investigative agencies
And. Institutions and/or Public Authorities, Judicial Authorities, Police Bodies.

DATA CONTROLLER
CLEANING COMPANY PULITECNICA S.R.L. uses "SOFTWEB ABL Solution srl", as a technological partner, which is entrusted with the management of the Whistleblowing platform, designated for this Data Processor pursuant to art. 28 of Regulation (EU) 2016/679.

TREATMENT METHODS:
Personal data will also be processed with automated tools for the time strictly necessary to achieve the purposes for which they were collected and, in any case, in such a way as to guarantee their security and confidentiality.
The platform at your disposal, accessible directly from the company website, guarantees the possibility of making anonymous reports.
The same guarantees, at every stage, the confidentiality of the identity of the Reporter, of the Persons involved and/or in any case mentioned in the Report, of the content of the Report and of the related documentation, without prejudice to the provisions of the art. 12 of Legislative Decree no. 24/2023.

STORAGE TIMES:
CLEANING COMPANY PULITECNICA S.R.L. retains personal data according to the terms set out in the art. 14 of Legislative Decree no. 24/2023, i.e. for the time necessary to process the report and in any case for a maximum period of 5 years and, in any case, until the proceedings initiated by the offices or bodies receiving the report are defined.
Personal data that is clearly not useful for processing a specific report are not collected or, if collected accidentally, are promptly deleted.

RIGHTS OF INTERESTED PARTIES:
The interested party, in the persons of the Reporter, has the right to access at any time the data concerning him or her and to exercise the rights provided for by articles 15 to 22 of the GDPR, as applicable (right of access to personal data, right to rectify them , right to obtain cancellation or so-called right to be forgotten, the right to limit processing, the right to portability of personal data or the right to object to processing), by sending an email to the address: info@pulitecnica.com
Furthermore, the interested party has the possibility to lodge a complaint with the Privacy Authority, which can be contacted on the website http://www.garanteprivacy.it/.
The aforementioned rights cannot be exercised by the person involved or by the person mentioned in the report, for the time and within the limits in which this constitutes a necessary and proportionate measure, pursuant to art. 2-undecies of the Privacy Code as the exercise of these rights could result in effective and concrete prejudice to the protection of the confidentiality of the identity of the reporting person.

Monza (MB), 13.12.2023