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New whistleblowing rules in Italy

New whistleblowing laws entered into force in Italy on 29 December 2017.

If not already in place, a bank operating in Italy will need to review its organisational model to ensure that an appropriate reporting channel is in place to guarantee privacy and confidentiality of the whistleblower. An appropriate role will need to be introduced for receiving a whistleblower’s report and for taking any actions required. Banks can also expect to see more claims by whistleblowers and purported whistleblowers for dismissal or demotion.

The new law aims to protect employees who report workplace misconduct. It specifies:

  • how to and to whom an employee has to report the misconduct;
  • measures to be implemented by the employer in order to protect the whistleblower;
  • anctions for an employer in the event of retaliation and/or discrimination; and
  • to what extent a whistleblower is entitled to disclose information protected by confidentiality obligations.

Further information

This case summary is part of the Allen & Overy Legal & Regulatory Risk Note, a quarterly publication.  For more information please contact Karen Birch – karen.birch@allenovery.com, or tel +44 20 3088 3710.

Legal and Regulatory Risk Note
Europe