Whistleblowing

This procedure, approved by the company’s Board of Directors, aims to codify the management of any whistleblowing reports made pursuant to Legislative Decree No. 24/2023. 

Persons who can report (so-called whistleblowers) 

A whistleblower is the person who makes the report. Such persons benefit from protection, provided they had proven and justified reasons to believe that what was reported was true at the time of the report and that the relevant information fell within the objective scope of application. Reports can mainly be made by employees but also by all persons operating within the company’s work environment: self-employed workers, freelancers, consultants, interns, trainees, regardless of whether they receive remuneration; shareholders and members of the company’s administrative, management, or supervisory bodies; employees or appointees of contractors, subcontractors, and suppliers.

Scope of application 

Reports may concern all behaviors, actions, or omissions that harm the national or European Union public interest: administrative, accounting, civil, or criminal violations; the commission of predicate offenses under Legislative Decree 231/01 of which one becomes aware in a public or private work context (the predicate offenses 231, periodically updated, are attached to this notice). For the complete list, one can consult Article 2 of Legislative Decree No. 24/2023 (this provision is also attached to this notice).

Reporting methods 

Internal channels: It is possible to use the form attached to this procedure. An email can be sent to the person in charge of handling reports, Attorney Leonardo Esposito, at the following address: segnalazioni@artisticatre.com. It is also possible to report by contacting Attorney Leonardo Esposito directly at 3358063026. Finally, reports can also be made anonymously by filling out the appropriate form accessible from the company website’s homepage by clicking on the “whistleblowing reports” section; such reports will be received exclusively by the person in charge of handling reports.

External channel: 

ANAC. Reports can be made directly to ANAC by accessing the institutional website (www.anticorruzione.it) when: the internal channel is not active; the internal report has not received feedback; the whistleblower has valid reasons to believe that the internal report may result in retaliation; the whistleblower believes that the violation constitutes an imminent danger to the public interest.

Handling of the report 

Only the person in charge of handling reports is authorized to manage the reports exclusively and directly, with reference to the investigations related to reports concerning conduct that constitutes violations under the applicable regulations. All other reports are forwarded by the person in charge to the company’s Board of Directors.

Confidentiality protection 

In any case, the confidentiality of the whistleblower is guaranteed, whose identity will not be revealed to persons other than those competent to receive or follow up on the reports. Confidentiality covers not only the name but also all elements from which the whistleblower’s identification can be derived, even indirectly.

Timeframe for handling the report 

Within 7 days, an acknowledgment of receipt of the report is sent. Within 3 months, feedback on the report is provided.

Investigation procedures 

The person in charge conducts the necessary investigation to verify the report, including hearings and/or acquisition of documents; maintains contact with the whistleblower and requests any necessary additions; prepares the final report, indicating the investigative activities carried out, their outcomes, the evaluation of the reported facts, and any recommendations to prevent the recurrence of the reported behavior; if criminal profiles are identified, communicates to the company’s legal department, which is responsible for evaluating the communication to the judicial authority; informs the whistleblower of the final outcome of the investigation and takes any consequential action.

Protection measures – Protection against retaliation 

The regulation aims to protect those who make a report: any form of retaliation, even attempted or threatened, is prohibited. Retaliation is defined as: “any behavior, act, or omission, even attempted or threatened, carried out because of the report, the complaint to the judicial or accounting authority, or the public disclosure, which causes or may cause the reporting person or the person who made the complaint, directly or indirectly, unjust harm.” The regulation exemplifies the following cases: dismissal, demotion, or lack of promotion, change of duties, change of workplace, salary reduction, change of working hours, suspension of training, negative notes or references, disciplinary measures or sanctions, coercion, intimidation, harassment, ostracism, discrimination, failure to convert a fixed-term contract into a permanent contract where the worker had a legitimate expectation of conversion, non-renewal or early termination of a fixed-term contract, damage to reputation or economic prejudice, inclusion in lists that may prevent the person from finding employment in the sector, early termination or annulment of a supply contract, annulment of a license or permit, request for psychiatric or medical examinations. The adoption of any of the acts listed above in violation of the regulation results in its nullity.

Support measures 

The institutional ANAC website publishes the list of Third Sector entities that provide support measures to whistleblowers who express a need. These measures include information, assistance, and free advice on reporting methods and protection against retaliation.

Reversal of the burden of proof In judicial or administrative proceedings related to retaliatory behavior, there is a legal presumption that they were carried out because of the report.

Limitation of liability 

Those who disclose or disseminate information covered by business secrets or relating to copyright protection or personal data protection are not punishable when such disclosures are necessary to highlight the violation and the disclosure is made in accordance with the law.

Processing of personal data 

Any processing of personal data will be carried out by the person in charge, in accordance with EU Regulation 2016/679 and all applicable laws. Reports and related documentation will be retained for the time necessary to process the report and in any case no longer than 5 years from the communication of the final outcome of the procedure.

For further details, the full text of Legislative Decree No. 24/2023 is attached to this notice. For clarifications and further information, it is possible to contact the person in charge of handling reports, Attorney Leonardo Esposito, at 3358063026.

Wrongful reporting form, so-called whistleblowing