Clifford Chance

European directive to protect whistleblowers: what steps will Italy take?

20 December 2019

Directive (EU) 2019/1937 was published in the Official Journal of the European Union on 26 November 2019, and sets forth the minimum legislative provisions that Member States must adopt to safeguard the protection of persons who report breaches of some EU law ("whistleblowers").

The Italian legislature is therefore called on to amend the current framework, first and foremost by making it mandatory for all undertakings with more than 50 workers, regardless of whether they have adopted systems and controls (i.e., the model) pursuant to Legislative Decree 231/2001.

Member States must implement the provisions of the Directive by 17 December 2021, or by 17 December 2023 in relation to the obligation to create internal reporting channels for legal entities with more than fifty and less than 250 workers.

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