Legislative Decree March 10, 2023, no. 24
FL MEDICAL SRL E WHISTLEBLOWING
F.L. Medical s.r.l. Unipersonale for greater protection of its staff and collaborators has prepared a procedure aimed at complete protection of those who report violations of national or European Union regulations that harm the public interest or integrity of F.L. Medical s.r.l. Unipersonale.ità.
WHAT IS WHISTEBLOWING
❖“Whistleblowing,” is the activity of regulating procedures to encourage and protect whisteblower reports.
❖“Whistleblower” is a person who knows of a wrongdoing or irregularity in the workplace, while performing his or her duties, and decides to report it to a person or authority that can effectively act on it, playing a role of private and public interest giving knowledge of problems or dangersto their company or community.
I CAN REPORT?
Depends, reports can be made by:
– Employees and self-employed workers of F.L. Medical s.r.l. Unipersonale;
– collaborators, freelancers, consultants F.L. Medical s.r.l. Unipersonale;
– Volunteers, trainees at F.L. Medical s.r.l. Unipersonale;
– shareholders and persons with management, administration and control functions of the company.
The discipline also applies to reports involving violations made in the context of an employment relationship that has since ended; as well as to those whose relationship has not yet begun, if information about violations was acquired during selection, or in other pre-contractual stages.
The protection of Legislative Decree No. 24 of March 10, 2023 will not be applied to reports from third parties unrelated to F.L. Medical s.r.l. Unipersonale.
WHAT CAN I REPORT?
Legislative Decree March 10, 2023, No. 24 24 covers reports pertaining to:
✓ Administrative, accounting, civil or criminal wrongdoing.
✓ Violations of public procurement, services, products and financial markets, and crimes related to money laundering and terrorist financing.
✓ Issues related to product safety and compliance, transportation safety.
✓ Issues concerning environmental protection, radiation protection, and nuclear safety.
✓ Risks to food and feed safety, animal welfare, public health, and consumer protection.
✓ Privacy violations, personal data management, and network and information system security.
✓ Actions or omissions that harm the financial interests of the Union, competitive practices and state aid, and corporate tax issues.
WHAT CAN’T I REPORT?
Challenges related to a reporter’s personal interest, which pertain to relationships, are excluded:
✓ disputes, claims or demands related to a personal interest of the complainant;
✓ on defense and national security;
✓ related to violations already regulated in some special sectors (financial services, money laundering prevention, terrorism, transportation safety, environmental protection).
✓ The regulations on classified information, medical and forensic secrecy, and court deliberations are also unaffected.
WHO WILL BE INFORMED OF MY REPORT?
In line with Article 4, of Legislative Decree 24/2023, the management of the reporting system has been entrusted by F.L. Medical s.r.l. Unipersonale to an internal person specifically trained to manage the reporting channel and an external collaborator who supervises the activity for your greater protection. Only the Reporting Officers, appointed by F.L. Medical s.r.l. Unipersonale will be aware of your report.
CAN I REPORT ANONYMOUSLY?
Yes, it is possible to report anonymously, although knowing the identity of the reporter simplifies internal investigations and allows for requests for clarification. In addition, only those who declare their identity can benefit from the protection provided by Legislative Decree No. 24 of March 10, 2023 Implementing Directive (EU) 2019/1937 of the European Parliament and of the Council of October 23, 2019, on the protection of persons who report breaches of Union law and laying down provisions regarding the protection of persons who report breaches of national laws.
IF I QUALIFY, WHO WILL BE INFORMED OF MY IDENTITY?
Only Reporting Officers will have access to your identity. Other people can only know your identity with your explicit consent.
WHAT RESPONSIBILITIES DO I HAVE REGARDING MY REPORTING?
The main responsibility is to provide truthful information, avoiding the use of offensive language and referring only to facts or circumstances relevant to the work context.
WHEN CAN I EXPECT A RESPONSE?
Within 7 days of reporting you will receive an acknowledgement. Within 3 months of reporting you will receive a report on the outcome.
WHAT IF I DON’T GET ANY FEEDBACK?
If the above deadlines are not met, you can inform ANAC through the platform on the institutional website.
HOW WILL MY DATA BE PROCESSED?
The processing of your personal data must be conducted in accordance with the Regulation-EU Regulation 2016/679, Legislative Decree No. 196 of 29.7.2003, as amended, as well as the opinions and orders issued by the Privacy Guarantor. Personal data that are not clearly useful for the processing of a specific report are not collected or, if collected in error, are immediately deleted. For a complete disclosure please refer to the following link.
WHAT WILL HAPPEN AFTER MY REPORT?
The Reporting Officers will conduct appropriate investigations to ascertain the admissibility and veracity of the report.
CAN RETALIATION OR RETALIATION OCCUR BECAUSE OF MY REPORTING?
There will be no retaliation by the Company, barring bad faith or defamatory behavior. Please note that in case of retaliation and/or reprisal, you can report it to ANAC.
HOW CAN I MAKE THE REPORT?
F.L. Medical s.r.l. Unipersonale makes available a form and instructions for reporting, as well as privacy information. You can use the Trusty platform on the company website or send the report by mail.
OPERATION OF THE TRUSTY ONLINE PLATFORM
The platform ensures confidentiality through the use of encryption. You can report through the company website by filling in the fields and saving the credentials. The link is available at the bottom of this page.
WHERE CAN I ELABORATE ON THIS ISSUE?
F.L. Medical s.r.l. Unipersonale has adopted its own internal regulations, which can be read at the following link. In any case, reference is made to Legislative Decree No. 24 of March 10, 2023 Implementing Directive (EU) 2019/1937 of the European Parliament and of the Council of October 23, 2019 on the protection of persons who report breaches of Union law and laying down provisions concerning the protection of persons who report breaches of national laws.