Directive (EU) 2019/1937 on whistleblowing – that is, on reporting by individuals regarding violations that have come to their attention in the work environment – introduces a uniform and harmonized regulation across different sectors. 

The directive had to be transposed by member states by Dec. 17, 2021; Italy failed to meet this deadline, partly due to the early end of the 18th legislature: infringement proceeding (No. 2022/0106) is pending for failure to transpose. In the meantime, European Delegation Law No. 127/2022 (Art. 13), empowered the government to adopt a legislative decree for its transposition, specifying guiding principles and criteria of the delegation, including that of ensuring the highest level of protection and safeguarding of reporting subjects and those referred to in the directive. The draft decree has been submitted for the opinion of the relevant parliamentary committees, as well as that of the Italian Data Protection Authority (web doc. no. 9844945), and is soon to be promulgated. The proxy must be exercised by March 10, 2023. 
 

The scheme of the legislative decree, which is the subject of this round, repeals the previous provisions (introduced by l. No. 179/2017) that are transposed, with the updates required by the directive, into the body of the reform introduced by the directive.