Reference Context: The Legislature approved Law No. 179 on November 30, 2017, titled “Provisions for the protection of authors of reports on crimes or irregularities of which they become aware in the context of a public or private employment relationship” (so-called “Whistleblowing Law”), which defined:

• the aspects of protection for the employee making a report;
• the obligations of Entities and Companies in terms of non-discrimination of reporters and protection of their confidentiality;
• the need for the presence of one or more channels (via electronic means) allowing reporters to submit reports while ensuring the confidentiality of the reporter’s identity;
• the prohibition of retaliatory or discriminatory acts against the reporter for reasons related to the report;
• the need to provide sanctions in the disciplinary system against those who violate the measures to protect the reporter, as well as those who make reports with intent or gross negligence that prove to be unfounded. The law also reiterates that the report of unlawful conduct relevant under Legislative Decree 231/2001 or violations of the Company’s organization and management model, of which the reporting employee becomes aware in the course of their duties, must be detailed and based on specific and consistent factual elements of which they became aware in the course of their duties. The Company may, if deemed appropriate, extend – within the limits of its applicability – this procedure to third parties who are not employees of the Company.

Introduction to Whistleblowing: “Whistleblowing” is the reporting carried out by an individual who, in the course of their duties, becomes aware of an offense, a risk, or a dangerous situation that could cause harm to the company/entity for which they work, as well as to customers, colleagues, citizens, and any other category of individuals. A.A.G. Stucchi s.r.l., sensitive to ethical issues and the correct conduct of its business, has implemented a violation reporting system to allow its personnel to report acts or facts that may constitute unlawful conduct in the company.

The Whistleblowing Law identifies:

• the individuals who can activate a report;
• the acts or facts that can be the subject of a report, as well as the requirements that reports must meet to be considered;
• the methods through which to report alleged violations and the individuals responsible for receiving reports;
• the process of inquiry and possibly investigation when a report is made;
• the guarantee of confidentiality and the protection of personal data of the individual making the report and the individual possibly reported;
• the prohibition of retaliation and discrimination against the reporting individual.

To facilitate reports, a channel has been defined through the My Whistleblowing application (https://areariservata.mygovernance.it/), suitable for ensuring, through electronic means, the confidentiality of the reporter’s identity, in compliance with regulations.

The report must be detailed and have the highest possible degree of completeness and exhaustiveness.

The reporter is required to provide all available and useful elements to allow competent parties to carry out the necessary and appropriate verifications and investigations to verify the validity of the reported facts, including:

• a clear and complete description of the facts subject to the report;
• the circumstances of time and place in which the facts subject to the report occurred;
• the particulars or other elements that allow identification of the individual(s) who committed the reported acts (e.g., position, service location where the activity is carried out);
• any supporting documents for the report;
• the indication of any other individuals who can provide information about the facts subject to the report;
• any other information that may provide useful confirmation of the existence of the reported facts.

For more details, download the Whistleblowing procedure