The House of Data Imperiali bulletins are extracts from the articles of the Legal Information Service (SIG) edited by Mr. Rosario Imperiali d’Afflitto.

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Whistleblowing: GDPR Setting – 3

Legislative Decree No. 24 of 2023, implementing EU Directive 2019/1937, introduced in the Italian legal system a horizontal discipline of whistleblowing no longer markedly split between the public sphere – regulated within the Consolidated Text for Public Bodies (Legislative Decree No. 165/2001, Art. 54-bis) –  and the private sphere, hinged within Legislative Decree No. 231/2001 (Art. 6, paragraphs 2-ter and 2-quater). The mentioned requirements have been repealed by the decree.

In the private sector, without prejudice to the unified regulation of Decree 24, the amendment introduced to Article 2-bis of Decree 231 now stipulates that the organization and management models regulated therein, also provide for:

  • internal reporting channels
  • the prohibition of retaliation, and
  • the disciplinary system in relation to whistleblowing.
    In this round of the analysis of the new regulation, we examine the safeguards system and the points of contact with the data protection area.

The Whistleblowing discipline was also addressed in the previous bulletins of September 7, 2023 and October 5, 2023.