Whistleblowing

Fiorital Spa - in line with its corporate principles and values, as summarized in the Code of Ethics, which guide the daily actions of its employees, collaborators and company management - has adapted its internal system for reporting relevant crimes former Legislative Decree 231/2001, athe D.lgs. no. 24 of 10 March 2023, which implemented the Directive (EU) 2019/1937 concerning "the protection of persons reporting infringements of Union law and laying down provisions concerning the protection of persons reporting infringements of national legal provisions”.

This section summarizes the salient aspects of the new "Whistleblowing" regulation and the indications for activating the internal reporting channel, implemented by Fiorital in order to incorporate the changes introduced by the regulation itself.

What can be reported

Behaviors, acts or omissions that harm the public interest or the integrity of Fiorital and which consist of:

  • relevant illicit conduct pursuant to Legislative Decree 231/2001, or violations of the organization and management models set forth therein;
  • offenses falling within the scope of European Union or national acts relating to the following sectors: public procurement; financial services, products and markets and the prevention of money laundering and terrorist financing; product safety and compliance; transport safety; environmental Protection; radiation protection and nuclear safety; food and feed safety and animal health and welfare; public health; consumer protection; protection of privacy and protection of personal data and security of networks and information systems;
  • acts or omissions affecting the Union's financial interests; 
  • acts or omissions relating to the internal market; 
  • acts or behaviors that frustrate the object or purpose of the provisions referred to in the Union acts.

At the time of reporting or filing a lawsuit or public disclosure, the reporting or reporting person must have reasonable grounds to believe that the information about the reported, publicly disclosed or alleged violations is true and within the scope of the legislation.

What cannot be reported

Disputes, claims or requests related to a personal interest of the whistleblower, relating exclusively to his individual employment relationships and/or relationships with hierarchically superior figures.

Reports that are clearly unfounded, information that is already totally in the public domain, as well as information acquired only on the basis of unreliable rumors or rumours.

Who can report

  • Employees and collaborators of Fiorital Spa;
  • Freelancers and consultants who work for Fiorital Spa;
  • Volunteers and trainees, paid and unpaid, who work for Fiorital SpA;
  • Shareholders (natural persons);
  • Persons with administrative, management, control, supervisory or representative functions, even if these functions are performed by mere fact.

For these subjects, the protection also applies during the probationary period and before or after the establishment of the employment relationship or other legal relationship attributable to the working context.

Protection of the identity and protection of the confidentiality of the whistleblower

  • Except with the express consent of the interested party, the identity of the whistleblower cannot be disclosed to persons other than those competent to receive or follow up on the reports. In the context of any criminal proceeding following the report, the identity of the reporting person is covered by secrecy in the manner and within the limits established by article 329 of the criminal procedure code. In the context of a possible proceeding before the Court of Auditors, the identity of the reporting person cannot be revealed until the conclusion of the preliminary phase;
  • The protection concerns not only the name of the whistleblower but also all the elements of the report from which it is possible to obtain, even indirectly, the identification of the whistleblower; 
  • The report is removed from access to administrative documents and the generalized right of civic access;
  • The protection of confidentiality is extended to the identity of the persons involved and of the persons mentioned in the report up to the conclusion of the proceedings initiated as a result of the report, in compliance with the same guarantees provided in favor of the reporting person.

Protection from retaliation

  • Any form of retaliation, even if only attempted or threatened, carried out as a result of the report is prohibited that causes or could cause unjust damage to the whistleblower;
  • The prohibited retaliations are listed - in a non-exhaustive way - by the same legislative decree 24/2023: dismissal, demotion, change of function, change of workplace, salary reduction, modification of working hours, demerit notes or negative references, adoption of disciplinary measures or other sanctions, including financial ones, etc.

Internal reporting channels

As a priority, whistleblowers must use the internal channel (which is also the exclusive channel for crimes pursuant to Legislative Decree 231/2001).

The recipient of the report, formally appointed by Fiorital to manage the report itself, is a person external to the company: Avv. Elena Imi, of the Court of Milan, an expert lawyer in criminal and corporate law, who possesses, from a professional and personal point of view, the requirement of autonomy, impartiality and independence required by law as well as the necessary authority and adequate skills techniques for performing the role.

To facilitate the use of this important tool for contrasting and preventing offences, Fiorital SpA provides different methods for sending reports.

  • Which priority signaling channel, the Whistleblowing Platform, developed and operated by an independent third-party company, EQS Group AG and suitable to guarantee the confidentiality of the identity of the whistleblower through the use of secure protocols and encryption tools; within the Platform, the report can be made either in writing or through a voice message. At the end of the entry, the Platform provides a Unique Identification Code which allows you to check the processing status of the report and to send and receive communications.
  • In exceptional cases where it is not possible to use the online platform, the report can be sent via the following channels:
    • ordinary postal service with dispatch of the communication to the address of the registered office of Fiorital spa based in Venice, Loc. Marittima, Fabbricato 114 to the attention of the Whistleblowing Reporting Manager; in order to benefit from the guarantee of confidentiality, the report must be placed in a closed envelope bearing the words "reserved for the Report Manager" on the outside. The report must be inserted in two closed envelopes: the first with the reporting person's identification data together with a photocopy of the identification document; the second with the report, in order to separate the reporting person's identification data from the report. Both must then be inserted into a third sealed envelope which bears the words "confidential" to the manager of the report on the outside. The report will thus be acquired and delivered to the Manager without delay;
    • orally, at the request of the reporting person, through a face-to-face meeting set within a reasonable time. 

In the event that the report sent through the internal reporting channels has not been followed up and in any case in the other cases expressly provided for by the legislation, the whistleblower may turn to an external channel, set up by the competent authority pursuant to the same Legislative Decree 24/ 2023, i.e. the National Anti-Corruption Authority (ANAC), through the online platform accessible at the address: https://servizi.anticorruzione.it/segnalazioni/#!/#%2F

Reporting platform

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Ethical code

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