Whistleblowing

Reporting of Misconduct and Countering Harassment, Violations of Gender Equality

Who Can Report

The following individuals can report, disclose, or denounce to the judicial authority:

• Employees of the company, including personnel in secondment, detachment, or similar situations;
• Subordinate workers and collaborators of companies supplying goods or services or carrying out works for the company;
• Self-employed workers;
• Collaborators, freelancers, and consultants;
• Volunteers and interns, whether paid or unpaid;
• Persons with administrative, managerial, control, supervision, or representative functions.

Conduct Subject to Reporting or Disclosure Behaviors

Acts, or omissions that harm the interest or integrity of the company or individuals, and which include:

• Administrative, accounting, civil, and criminal offenses;
• Harassment or violations of gender equality;
• Violations of European Union law, as better defined by Art. 2 of Legislative Decree No. 24/2023.

Not subject to whistleblowing:

• Disputes, claims, or requests related to personal interests;
• Disputes that pertain solely to individual employment relationships.

How to Report

Reports must be submitted through the following channels:

• Internal channels within the company,
• External channel (to ANAC),
• Public disclosures,
• Complaint to the judicial or accounting authority.

Internal Channels

The company designates an external contracted entity and an internal Responsible Officer as the authorized subjects. They are authorized to process data in compliance with current data protection laws (Legislative Decree 30 June 2003 No. 196 and Regulation (EU) 679/2016), which are summarized as follows:Lawfulness, fairness, and transparency:

• Data should be processed legally, fairly, and transparently towards the individuals concerned.
• Purpose limitation: Data should be collected solely for the purpose of managing and following up on the reported incidents.
• Data minimization: Data should be adequate, relevant, and limited to what is necessary concerning the purposes for which they are processed; they should be accurate, and if necessary, updated, corrected, or deleted promptly if inaccurate.
• Storage limitation: Data should be kept for the time necessary for handling the specific report and, in any case, no longer than five years from the date of the final outcome of the report’s procedure.
• Appropriate security: Integrity, availability, and confidentiality of data should be ensured.
• Handling reports in compliance with personal data protection principles.
• Guarantee of non-traceability of reporting channels.

A whistleblower can make an internal report via:

• Email to whistleblowing.ingeo@consultekgroup.it;
• Postal or internal mail (paper-based);
• Oral reporting.

The whistleblower may indicate if He wish to keep their identity confidential and benefit from protections against potential retaliation. If, within the company, a report is received by someone other than the Responsible Officer, it must be forwarded to the Responsible Officer within 7 days of receipt, maintaining confidentiality to ensure whistleblower protections. The whistleblower should also be notified of this transmission.
Upon receiving a report, the Responsible Officer must issue an acknowledgment of receipt within 7 days. The deadline for the investigation and response is 3 months from the acknowledgment date or, if no acknowledgment is given, within 3 months from the expiration of the 7-day period after the report’s submission.
If, after investigation, the Responsible Officer finds the report manifestly unfounded, it will be archived with proper justification. If the report appears substantiated, the Responsible Officer will refer it to the appropriate internal bodies or external entities for further action.

External Channel (Managed by ANAC)

Should be used if:

• The internal reporting channel is not mandatory, inactive, or non-compliant with Art. 4;
• The whistleblower has already made an internal report that has not been followed up on;
• The whistleblower has reasonable grounds to believe that an internal report would not be effectively acted upon or could result in retaliation;
• The whistleblower reasonably believes that the violation poses an imminent or clear danger to the public interest (Article 6 of Legislative Decree No. 24/2023).

Public Disclosure

The whistleblower may make information about violations public through the media or other means capable of reaching a large audience if:

• The person has previously made an internal and external report, or directly an external report, and no response was provided within the specified timeframe regarding the measures taken to follow up on the reports;
• The whistleblower reasonably believes the violation poses an imminent or clear danger to the public interest;
• The whistleblower reasonably believes that an external report may lead to retaliation or not be effectively acted upon due to specific circumstances, such as the risk of evidence being hidden or destroyed, or the belief that the person receiving the report may be colluding with or involved in the violation.

Complaint to Judicial or Accounting Authority

If a public employee, acting as a public official or public service provider, reports a crime to the judicial authority under Articles 361 or 362 of the Criminal Code and faces discrimination as a result, they are entitled to protections against retaliatory measures provided by Legislative Decree No. 24/2023. Priority Use of Internal Channels Whistleblowers are encouraged to use the internal channel primarily and resort to external reporting or public disclosure only under certain conditions.

Assessment of Public Interest

Reports should be made in the public interest or in the interest of the integrity of public administration.

Protections

Confidentiality Protection

• The identity of the whistleblower and any other information that could directly or indirectly reveal their identity cannot be disclosed without their express consent, except to those authorized to receive or handle the reports.
• The report is exempt from public access and general civic access to administrative records.
• Specific protections are also provided in criminal proceedings, proceedings before the Court of Auditors, and disciplinary proceedings.
• The protection of confidentiality extends, with the same guarantees provided to the whistleblower, to the identity of facilitators and individuals involved or mentioned in the report.

Protection from Retaliation

The whistleblower cannot suffer any retaliation, defined as any behavior, act, or omission, even if attempted or threatened, taken in response to the report, complaint to the judicial or accounting authority, or public disclosure that causes or could cause the whistleblower, directly or indirectly, unjust harm.
Retaliation reports should be sent exclusively to ANAC. The management of retaliation reports falls under the National Anti-Corruption Authority’s jurisdiction.

Protection from Retaliation Extended to Others

Protection also applies to:

• Facilitators (individuals assisting the whistleblower in the reporting process and working within the same workplace);
• Individuals in the same workplace as the whistleblower, the person who filed a complaint, or the person who made a public disclosure, who are related to them by a stable affectionate or familial relationship up to the fourth degree;
• Colleagues of the whistleblower or the person who filed a complaint or made a public disclosure, working in the same workplace and having a regular and current relationship with them;
• Entities owned by the whistleblower or for which they work, as well as entities operating in the same workplace context as the whistleblower.

Loss of Protection

If the whistleblower is found criminally responsible, even with a first-degree sentence, for the crimes of defamation or slander or for the same offenses committed by reporting to the judicial or accounting authority, or is civilly liable for the same title in cases of willful misconduct or gross negligence, they will not receive the protections provided and may face disciplinary action.
Additionally, unless the whistleblower is convicted, even in the first degree, for defamation or slander or the same offenses committed by reporting to the judicial or accounting authority, ANAC will impose an administrative fine on the responsible party, ranging from €500 to €2,500.

To access the service, use the email address whistleblowing.ingeo@consultekgroup.it and describe the issue or attach the following forms:

Illicit Reporting Form

Aggression Reporting Form

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