Whistleblowing

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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.

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?

For the private sector, Legislative Decree No. 24/2023 establishes the role of reporter for the following categories:

• employed workers of private sector entities, including workers whose employment relationship is governed by the legislative decree of 15 June 2015, n.h 81, or by article 54-bis of the legislative decree of 24 April 2017, no. 50, converted, with amendments, by law 21 June 2017, n. 96;
• self-employed workers, including those indicated in chapter I of law 22 May 2017, n. 81, as well as i holders of a collaboration relationship referred to in article 409 of the code of civil procedure and in the article 2 of legislative decree n. 81 of 2015, who carry out their work activities with subjects of the public sector or private sector;
• workers or collaborators who carry out their work for entities in the sector public or private sector that provide goods or services or carry out works for third parties;
• freelancers and consultants who work for public sector entities or of the private sector;
• volunteers and interns, paid and unpaid, who work for subjects of the public sector or private sector;
• shareholders and persons with administrative, management, control, supervisory or representative functions, even if these functions are exercised on a purely de facto basis, by entities in the public or private sector private sector.

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

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 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

1. Introduction

This Procedure applies to VERNICI CALDART S.r.l. and has the aim of regulating the process of receiving, analyzing and managing reports (so-calledWhistleblowing) on information, adequately detailed, of which the whistleblower has become aware within his/her working context in regarding violations by Staff and/or Third Parties of national or European Union regulations which harm the public interest or the integrity of VERNICI CALDART S.r.l. or violations of the system of rules and procedures in force.

This Procedure is applied in implementation of Legislative Decree no. 10 March 2023. 24 (hereinafter also "Decree" or "Legislative Decree 24/2023), which implemented EU Directive 2019/1937 concerning the protection of people who report violations of European Union law.

The aforementioned regulation provides, in summary:

• the establishment of internal reporting channels within the company that guarantee the protection of confidentiality, also through the use of encryption tools;
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the identification of an autonomous structure, internal or external to the company, which deals with the management of the internal reporting channel;

• the obligation of confidentiality the identity of the reporter, the person involved and/or mentioned in the report, the content of the report and the related documentation;

• protection measures to protect the reporter as well as the facilitators, of people from the same working context as the reporting party, linked to the same by a stable emotional or kinship bond within the fourth degree, of colleagues and legal entities connected to the reporting party;

• the right to file a complaint with the judicial or accounting authority, the possibility (if one of the conditions provided for in the art. 6, paragraph 1, of Legislative Decree 24/2023) to make external reports through the channel managed by the National Anti-Corruption Authority (hereinafter ANAC), as well as to make public disclosures (in the event of one of the conditions set out in the art. 15, paragraph 1, of Legislative Decree 24/2023), through the press or electronic or dissemination means capable of reaching a large number of people;

• disciplinary measures as well as administrative pecuniary sanctions imposed by the ANAC against those who violate the rules on the management of reports and against the person making the report if their civil liability is ascertained, by way of willful misconduct or gross negligence for defamation or slander.

2. Subjects entitled to report

People who work in the working context of VERNICI CALDART S.r.l. are entitled to report. in the capacity of:

• company top management and members of the corporate bodies, even if they exercise these functions merely de facto;

• employees;

• customers,partners, suppliers (also under contract/subcontract);

• < p>self-employed workers or holders of collaborative relationships;

• freelance professionals, consultants;

• volunteers and trainees (paid or unpaid)

• anyone who is a legitimate bearer of an interest in the company activity;

who are in possession of information on violations, referable to the staff of VERNICI CALDART S.r.l. and/or to third parties.

The provisions of this procedure also apply to anonymous reports, provided they are adequately detailed.

3. Reports excluded from the Procedure

Reports relating to:

• are excluded from this Procedure.

  securityincidents which concern human resources, material and intangible resources (such as, for example, software malfunctions, failures in the company network, loss or destruction accidental damage to documents, ICT security incidents, theft);

• commercial complaints, for which please refer to the appropriate contact channels provided;

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requests to exercise rights regarding the protection of personal data towards VERNICI CALDART S.r.l. pursuant to EU Regulation no. 2016/679 (GDPR) and Legislative Decree 30 June 2003 n. 196 (Code regarding the protection of personal data) as well as Legislative Decree 10 August 2018, n. 101 and subsequent amendments and additions;

• disputes, claims or requests linked to a personal interest of the reporting person, which relate exclusively to the regulation of the employment relationship or relations with the hierarchically superior figures, unless they are connected or referable to the violation of regulations or internal rules/procedures;

• violations relating to national security, as well as procurement relating to aspects