Whistleblowing
The Drei Zinnen Dairy – Show Dairy has set up an internal reporting channel in accordance with the statutory provisions on reporting breaches (whistleblowing under Italian Legislative Decree no. 24/2023). The main questions are answered below. The full version in the PDF among the documents for download is the authoritative one.
Documents to download
What is whistleblowing?
Whistleblowing means reporting breaches or unlawful conduct that the reporting person has become aware of in their working environment.
Who can be a reporting person?
The following persons may act as reporting persons:
Employees of the cooperative.
Self-employed persons and holders of a cooperation agreement with the cooperative, such as suppliers.
Employees of suppliers or companies that deliver goods or provide services for the cooperative.
Freelancers and consultants who carry out their activity or provide their services for the cooperative.
Members, mandate holders and persons with administrative, management, control, supervisory or representative functions, even where such functions are exercised on a purely de facto basis.
How can breaches be reported?
Breaches can be reported in the following ways:
Through the employer's or the company's internal reporting channel.
Through the external reporting channel of ANAC (Autorità Nazionale Anticorruzione).
By public disclosure.
By filing a report with the judicial authority or the Court of Auditors.
Which breaches can be reported internally?
The following can be reported through the internal channel: unlawful acts connected with Legislative Decree no. 231/01 or breaches of the organisational model, as well as unlawful acts falling within the scope of European Union legal acts or national provisions.
At the cooperative this concerns in particular the following areas:
Public procurement.
Product safety and product compliance.
Transport safety.
Environmental protection.
Food and feed safety, animal health and animal welfare.
Public health.
Consumer protection.
Protection of privacy and personal data and security of network and information systems.
Breaches affecting the financial interests of the European Union.
Breaches of internal market rules.
Acts or omissions that defeat the object or purpose of the provisions of European Union legal acts.
Which reports are not covered?
The following reports fall outside the scope described and are not covered by the protective measures for the reporting person:
Reports of a purely personal nature, for example employment law matters, personal concerns of employees or interpersonal problems with colleagues and superiors.
The spreading of rumours.
Slander or unfounded suspicions against colleagues.
Reports already governed by European or national legislation.
How is an internal report made?
Internal reports can be submitted by post or through the letterbox:
Drei Zinnen Dairy – Show Dairy
Via Pusteria 3c
I-39034 Dobbiaco
for the attention of the Supervisory Body
A signed copy of an identity document should be enclosed with the report. The report and the copy of the identity document should be placed in two separate envelopes. Both envelopes should then be placed in a third, sealed envelope marked “Personal – Confidential, for the attention of the Supervisory Body”. This protects the identity of the reporting person.
Only the Supervisory Body has access to this channel.
If a report is mistakenly sent to another recipient, that recipient is obliged to forward it to the Supervisory Body without delay and in any case within seven days, and to inform the reporting person accordingly.
Is a personal meeting possible?
Yes. The reporting person has the right to request a personal meeting with the Supervisory Body in order to make a report. The request can be submitted through the channel described above. The Supervisory Body will propose a date within seven days.
What should a report contain?
So that the report can be dealt with promptly and its content examined, it should contain:
The first name and surname of the reporting person and the department in which they work. Where the postal channel is used, identity details are provided in a separate envelope.
A detailed description of the facts relating to the alleged breach.
Details of the persons involved, or sufficient information to identify them.
Details of persons who could provide further information about the facts as witnesses.
Anonymous reports are accepted only if they are sufficiently detailed.
When is an external report possible?
Under Article 6 of Legislative Decree no. 24/2023, the reporting person may use the external channel if, at the time of the report, one of the following conditions is met:
No mandatory internal reporting channel is provided for in the reporting person's working environment, or the internal channel is not active or does not comply with the statutory provisions.
The reporting person has already submitted an internal report and no follow-up was given.
The reporting person has reasonable grounds to believe that an internal report would not be followed up or that it could lead to retaliation.
The reporting person has reasonable grounds to believe that the breach may constitute an imminent or obvious danger to the public interest.
Breaches connected with the organisational model under Legislative Decree no. 231/01 may be reported exclusively through the internal channel.
How is an external report made?
External reports are received by ANAC (Autorità Nazionale Anticorruzione). Reports can be submitted in writing through the online platform, orally through the telephone line or, on request, at a direct meeting.
Detailed information on the reporting channels set up by ANAC is available at www.anticorruzione.it.
When is public disclosure permitted?
The statutory protective measures apply to a reporting person who discloses a breach publicly if one of the following conditions is met:
The reporting person has previously made an internal and an external report, or directly an external report, and has not received a response within the prescribed period on the measures envisaged or taken.
The reporting person has reasonable grounds to believe that the breach may constitute an imminent or obvious danger to the public interest.
The reporting person has reasonable grounds to believe that an external report would entail a risk of retaliation or could not be effectively followed up because of the particular circumstances of the case – for example where evidence could be concealed or destroyed, or where there is a well-founded fear that the recipient of the report is colluding with or involved in the breach.
Report to the judicial authority or the Court of Auditors
In addition to the internal and external reporting channels and public disclosure, Legislative Decree no. 24/2023 also provides for the possibility of reporting breaches to the judicial authority or the Court of Auditors. Please contact those bodies directly.
