M.M.B. s.r.l. has introduced an internal system for reporting offences in compliance with the provisions of Legislative Decree No. 24 of 10 March 2023, implementing EU Directive 2019/1937 on the protection of persons who report breaches of Italian and Union law and in order to create a positive image of transparency and trust, which is essential to a healthy corporate and organisational culture.
A reporting person –
WHISTLEBLOWER - is a natural person who reports breaches occurring within a work-related context. This definition includes all persons who are even only temporarily in a working relationship with the company (employees, consultants, suppliers of goods and services, agents, contractors, business partners, shareholders, trainees and volunteers), even if they do not have the status of employees (such as volunteers and trainees, whether paid or unpaid) and, under certain conditions, those who have not yet entered into a legal relationship with the Administration (engaged in pre-contract negotiations), as well as those whose relationship has ended or who are on probation.
THE LEGISLATION PROTECTS THE WHISTLEBLOWER AND PROVIDES FOR SANCTIONS IN THE EVENT OF RETALIATION AS A RESULT OF WHISTLEBLOWING. THE PROTECTIONS ALSO APPLY TO THE REPORTING PERSON'S FACILITATORS, RELATIVES OR ASSOCIATES, AS WELL AS TO ENTITIES OWNED BY THE REPORTING PERSON OR OPERATING IN THE REPORTING PERSON'S WORK ENVIRONMENT.
The law is very broad. Under the Decree, the following can be reported:
- BREACHES OF ITALIAN LAW:
- breaches of administrative, accounting, civil or criminal law;
- certain types of unlawful conduct set out Legislative Decree No 231/2001;
- BREACHES OF EUROPEAN LAW:
- breaches of European Union acts in the following areas:
- public procurement;
- financial services, products and markets;
- prevention of money laundering and terrorist financing;
- product safety and conformity;
- transport safety;
- environmental protection;
- radiation protection and nuclear safety;
- food and animal feed safety and animal health and welfare;
- public health;
- consumer protection;
- safeguarding of privacy and personal data protection;
- network and information system security;
- acts or omissions detrimental to the financial interests of the European Union;
- acts or omissions relating to the internal market that jeopardise the free movement of goods, persons, services and capital;
- acts or conduct that defeat the subject or purpose of the provisions of European Union acts.
DISPUTES, CLAIMS OR REQUESTS THAT ARE MERELY IN THE PERSONAL INTERESTS OF THE REPORTING PERSON CANNOT BE REPORTED.
The Whistleblowing Manager/Investigator is the person with operational responsibility for receiving and taking charge of the reports (
within 7 days), assessing that the reports are eligible, initiating the relevant investigation, maintaining contact with the whistleblower, and
providing him or her with feedback within three months of the date the report was received.
THE IDENTITY OF THE REPORTING PERSON WILL NOT BE DISCLOSED UNLESS HE OR SHE HAS GIVEN PRIOR CONSENT.
Reports can be made as follows:
- ANONYMOUSLY: when the report is not linked to the name of the reporting person. In this case the reporting person is not obliged to register with the system and can send the report as an unregistered user in the "Report without registration" section;
- CONFIDENTIALLY: when the reporting person is identified. In this case the report requires the user to register and create an account before submitting the report. You can submit a confidential report even without creating an account, by filling in the report form from the "Report without registering" section and filling in your personal data at the end of the form. The reporting person’s data are separate from the report, so the confidential report is sent anonymously to the manager.
Reports can be made through a special platform, accessible at the following link https://mmbsoftware.segnalazioni.net/en/, This encrypts the report to guarantee the confidentiality of the reporting person's identity and of the information contained in the report. The report is accessible only to the reporting person and to the manager who handles the whistleblowing reports.
Any personal data provided will be handled and processed in accordance with the provisions of European Regulation 679/2016 and the information contained therein, which can be consulted at https://mmbsoftware.segnalazioni.net/en/pages/privacy.
Technical instructions for submitting a report can be found within the platform or at the following links: registered user https://manuali.digitalpa.it/whistleblowing/v4-0-0/en/frontend/manuale-operativo-utente-segnalatore.html or unregistered user https://manuali.digitalpa.it/whistleblowing/v4-0-0/en/frontend/manuale-operativo-utente-segnalatore-non-registrato.html. For further details and information, please see the company’s whistleblowing policy available on the platform and at the following link https://mmbsoftware.segnalazioni.net/en/pages/policy.
