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WHISTLEBLOWING FAQ

What is a whistleblower and what is whistleblowing?

A whistleblower is a person who, having witnessed a wrongdoing or irregularity in the workplace, decides to report it. Reference is made to “persons who hold roles of representation, administration or management of the entity or its organisational unit with managerial and functional autonomy” as well as to employees, external collaborators who are part of the organisation, and third parties who have relations with SACBO SpA and BGY International Services Srl.

Whistleblowing (or reporting) is written or oral communication by the whistleblower concerning substantiated information on possible unlawful or irregular conduct, or alleged offences, whether committed or attempted, also relevant pursuant to Italian Legislative Decree no. 231/2001 and based on precise and concordant factual elements, or on possible violations of the Organisation and Management Models of the Companies, and of which they have become aware as a result of their duties.

How is Whistleblowing regulated in Italy?

Whistleblowing is regulated by Italian Law 179/2017 – “Provisions for the protection of the authors of reports of offences or irregularities of which they have become aware in the context of a public or private employment relationship”, effective since 29 December 2017, which amended art. 6 of Italian Legislative Decree 231/01 with paragraphs 2 - bis, 2 - ter and 2 - quater relating to the establishment of channels through which employees, without fear of retaliation or discrimination, may report any offences or violations committed within the company of which they have become aware as part of their professional relationship.

Italian Legislative Decree no. 24 of 10 March 2023 implemented directive 2019/1937 concerning the protection of persons who report violations of national or European Union law that harm the interests of the Company, of which they have become aware in the context of their work. The purpose of the new regulation is to establish common minimum standards to encourage the reporting of offences by ensuring a high level of protection for those reporting through the establishment of secure internal, external and public disclosure channels that guarantee the confidentiality of the person reporting and the processing of their personal data, the implementation of procedures to ensure timely and efficient handling of reports, the application of rules to prevent or invalidate the effects of retaliatory conduct by the employer against the person reporting, and the imposition of fines and administrative sanctions in the event that the provisions of the new regulation are violated.

Who can make a report?

  • Persons in positions of representation, administration or management of the Company.
  • Employees and external collaborators forming part of the organisation of SACBO SpA and BGY International Services Srl.
  • Individuals who exercise, even de facto, management and control of the Companies.
  • Third parties involved who have business relations with SACBO SpA and BGY International Services Srl.

 

What acts or facts can be reported?

Reports should be, above all, as substantiated as possible and provide as much information as possible, in order to enable the Companies to carry out the necessary enquiries and checks. There is no exhaustive list of offences or irregularities that may be the subject of whistleblowing. Reports that concern reasonable and well-founded evidence of unlawful or irregular conduct or alleged offences, whether committed or attempted, are considered relevant.

Such reports, by way of example, may concern:

  • administrative, accounting, civil or criminal offences.
  • violations of European regulations concerning transportation safety, protection of the environment, radiation protection and nuclear safety, food and feed safety and animal health and well-being, public safety, consumer protection, private life and personal data protection, and information system and network safety.
  • violations of competition and State aid law.
  • non-compliance with the corporate values and rules of conduct described in the Group Code of Ethics.
  • violations of the disciplinary codes of SACBO SpA and BGY International Services Srl.
  • violations, requests or inducement to violate laws, regulations or company procedures, regarding the activities and interests of the companies.
  • episodes of passive corruption (to the detriment of the Companies and in the interest of an individual or third party) and/or episodes of active corruption (to the benefit of the Companies) as well as incitement to corrupt.
  • violations of the Organisational, Management and Control Models of SACBO SpA and BGY International Services Srl, also as a result of behaviour that poses a risk of committing an offence/irregularity as provided for by said Organisational Models.
  • reprehensible findings, irregularities and conduct.
  • violations of confidentiality obligations.

 

Anonymous reports, i.e., those made without identification of the whistleblower, may also be taken into account, provided that they are adequately substantiated and made in extensive detail, i.e., when they are able to bring to light facts and situations relating them to specific contexts.

What cannot be reported?

Whistleblowing does not concern reports of a personal nature of the whistleblower, relating exclusively to the whistleblower’s individual work relations or relations with hierarchical superiors, or reports or complaints regarding services offered in the terminal (https://www.milanbergamoairport.it/it/reclami/)

Who is in charge of receiving and managing reports?

The report is forwarded to the Anti-Corruption Ethics Committee, which is made up of the Chairman appointed by the Board of Directors of SACBO SpA, also chosen from external consultants, the Human Resources Director of SACBO SpA, the Head of Legal and Corporate Affairs and the Head of Internal Auditing of SACBO SpA, who have access to the report and who decide collectively.

How is the identity of the sender of the report managed?

Reports and the identity of whistleblowers are highly confidential. The software, in a manner strictly adhering to the regulation, separates the report from the identity of the reporter. Access to the identity of the whistleblower is therefore granted exclusively to the members of the Anti-Corruption Ethics Committee by means of a strict security procedure, which records access to the identity, and requests motivation for said access.

The software records all activities and accesses, including justified access to the identity of the whistleblower by the members of the Anti-Corruption Ethics Committee.

The software also generates a message identifier that is sent by email to the Whistleblower, in order to ensure that forwarded reports are unaltered and cannot be modified.

From an IT point of view, the absolute inviolability of systems and maximum confidentiality is therefore guaranteed.

What protection is afforded to those involved (Whistleblower - person reported)?

Protecting the whistleblower

Whistleblowers who report unlawful conduct are protected in the event of direct or indirect discriminatory action taken for reasons related to the report. If the whistleblower is an employee, they are exempt from negative consequences regarding their working conditions, i.e., disciplinary consequences.

This protection, however, does not apply in cases where:

1) the report contains false information made with malice and/or gross negligence.

2) the criminal liability of the reporter for the offences of defamation and slander, or civil liability for the same offence in cases of malice or gross negligence, has been established, including by a first-instance ruling.

 

SACBO SpA and BGY International Services Srl reserve the right to take appropriate action - disciplinary in the case of employees - against anyone who carries out, or threatens to carry out, acts of retaliation against those who have made reports in accordance with this document, without prejudice to the right of the parties concerned to legal protection in the event that criminal or civil liability is ascertained against the Whistleblower regarding the falsity of what has been declared or reported.

Protecting the subject of the report

During the activity of verifying and ascertaining possible non-compliance, the persons reported may be involved in or advised of this activity; but in no case will proceedings be initiated solely on the grounds of the report, in the absence of concrete evidence as to its content. Proceedings may be initiated on the basis of other evidence found and ascertained on the basis of the report itself.

What are the responsibilities of the parties involved (Whistleblower - person reported)?

Responsibility of the Whistleblower

This document is without prejudice to the criminal, civil and disciplinary liability of the Whistleblower in the event of slanderous or defamatory reporting pursuant to the Italian Criminal Code and article 2043 of the Italian Civil Code.

SACBO SpA and BGY International Services Srl may take the most appropriate disciplinary and/or legal measures to protect its rights, assets and image against anyone who, in bad faith, has made false, unfounded or opportunistic reports and/or with the sole purpose of slandering, defaming or causing prejudice to the person reported or other persons mentioned in the report.

Responsibility of the person reported

During the course of the enquiry, the person reported should avoid any conduct that might hinder the same. In the event of said conduct, SACBO SpA and BGY International Services Srl reserve the right to initiate disciplinary proceedings.