FSTechnology S.p.A.adopts a process to receive, analyse and manage whistleblower reports (including anonymous reports) relating to the Company sent by Third Parties or by FS Italiane Group Personnel.
The process complies with the regulatory changes introduced by Legislative Decree No. 24 of 10 March 2023 implementing Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of whistleblowers who report breaches of European Union law and on provisions for the protection of whistleblowers who report breaches of national laws (so-called “Whistleblowing Decree”).
The procedure for managing reports forms an integral part of FSTechnology S.p.A., Management and Control Model pursuant to Legislative Decree No. 231/2001.
FSTechnology S.p.A. implements a dedicated IT platform, which is the preferred channel for the sending of whistleblower reports.
The following people can submit a report:
These people report on breaches of which they have become aware as part of their job.
Reports may be submitted:
FSTechnology S.p.A. encourages that the Whistleblower's identity be disclosed in the report, for which confidentiality is guaranteed in compliance with the legislation in force, so that the reported facts can be verified more easily and the Whistleblower can be informed of the results of the investigations carried out. However, reports may be made anonymously.
Information on breaches involving facts (of any nature whatsoever, even if merely omissive), attributable to FS Italiane Group Employees or Third Parties, which may constitute:
The reports must concern facts of which the Whistleblower has direct knowledge, with the Whistleblower having well-founded reasons to believe that the information reported is true at the time of the report.
Reports must be made promptly upon becoming aware of the facts in question in order to ensure that verification is fully possible.
The following do not constitute so-called whistleblowing reports: disputes, claims or requests relating to a personal interest of the whistleblower that relate exclusively to his/her individual employment relationship, or relating to his/her relationship with hierarchically superior people; reports or complaints concerning commercial activities or services to the public.
Reports may be sent by: i) computer platform accessible from the corporate website and the corporate intranet; ii) e-mail to the dedicated e-mail addresses; iii) ordinary mail to the Bodies in charge of handling the whistleblowing report; iv) verbally, by means of a statement issued by the Reporter at a special hearing; v) telephone line with an automatic answering system (Interactive Voice Response) accessible at FSTechnology Spa dedicated telephone number +39 0682950716.
The IT platform is the preferred tool for sending and managing reports, as it is best suited to protecting, through IT methods, the confidentiality of the whistleblower's identity while ensuring adequate information security measures.
The platform can be used to:
On this platform it is possible to implement the following measures:
While the new telephone line will be used for:
Legislative Decree No. 24/2023 provides for the possibility of making external reports to the National Anti-Corruption Authority (ANAC) and public disclosures of violations in the cases expressly provided for in the regulation. External reporting to the ANAC is permitted only in the following cases:
In compliance with the provisions of the law, FSTechnology S.p.A. guarantees the confidentiality of the Whistleblower’s identity as soon as the report is received and prohibits (and penalises to the extent permitted by its powers and authority) any direct or indirect form of retaliation or discrimination against the Whistleblower as a result of a report, including omissive conduct, also attempted or threatened, or directed at third parties associated with the Whistleblower, such as relatives, colleagues, legal entities owned by or working for the Whistleblowers, who are operating with the FS Italiane Group.
To ensure that there will be no retaliation against the Whistleblower even after the report has been made, FSTechnology S.p.A. employees are monitored for a period of two years from the date of the report.
Individuals who are involved in any capacity in the management of reports are required, within the limits provided for by law, to maintain confidentiality as to the existence and content of the report received and the activity carried out in this regard, and to protect the confidentiality of the Whistleblower's identity in accordance with the provisions of the applicable legislation.
The Whistleblower is informed that the report has been received within 7 days from the date of receipt. The Whistleblower is also informed of the results of the investigation into the matter.
FSTechnology S.p.A protects the rights of the Involved Persons, first and foremost by ensuring, to ensure appropriate confidentiality, that any disclosure of their identity strictly follows the “need to know” criterion (principle whereby a person is authorised to access certain information only if necessary - and within the limits of what is necessary - for the performance of the activities for which he/she is responsible according to his/her company's assigned tasks).
The Involved Person is informed of the existence and content of the report and receives a copy of the same, excluding any reference to the Whistleblower's identity, which may not in any event be disclosed to the Involved Person, except in the cases expressly provided for by law.
The Involved Person has the right to be informed of the outcome of the investigation. After due assessment, information to the Involved Person may be delayed or not provided completely or only partially if it intervention by the public authorities is deemed necessary, or if it is reasonable to believe that, by providing the information, the confidentiality of the Whistleblower's identity, which is protected by law, may be at risk.
Reports are addressed to the FSTechnology S.p.A. Ethics and Reporting Committee and/or to the Supervisory Board.
The Supervisory Board handles the reports of violations or attempted violations of FSTechnology S.p.A.’s Model 231 and/or of the implementing procedures or violations of the Code of Ethics that have or may have consequences pursuant to Legislative Decree No. 231/2001.
The investigation activities, designed to ascertain whether or not the facts reported are well-founded, are carried out by the FSTechnology S.p.A. Internal Audit structure.
As part of the reporting management process, personal data is processed in compliance with current legislation on the matter (EU Regulation 679/2016 and Legislative Decree 196/2003 as amended by Legislative Decree 101/2018). Information on the processing of personal data can be found below.
Do you have a report you would like to send to FSTechnology S.p.A.? Here is a short guide with instructions on how to make a report and a list of reporting channels.
If you are a FSTechnology S.p.A. employee, please also consult the appropriate procedure available on the company intranet.