Reporting safely? MIC's whistleblowing policy

WHO AND WHAT TO REPORT

Who can report

Reports can be made by:

• Employees, self-employed workers, collaborators, volunteers and unpaid interns who work at MIC SpA;
• Workers or collaborators who work for entities that supply goods or services or carry out work for third parties; freelancers and consultants who work at MIC SpA.

Reports can also be made:

• When the legal relationship has not yet begun, if the information on the violations was acquired during the selection process or in other pre-contractual phases;
• During the probationary period;
• After the termination of the legal relationship if the information on the violations was acquired during the course of the relationship itself.

What to report

Information on violations concerning facts (of any kind, including mere omissions) referable to MIC S.p.A., which may constitute:

• Administrative, accounting, civil or criminal offenses;
• Offenses falling within the scope of application of the acts of the European Union and the national provisions implementing them;
• Acts or omissions that damage the financial interests of the European Union;
• Acts or omissions concerning the internal market (for example: violations of competition and state aid rules);
• Acts or behaviors that frustrate the object or purpose of the provisions of the acts of the European Union.

Reports must concern facts of which the Reporter is aware, the Reporter having reasonable grounds to believe that the information reported is true at the time of the report.

Reports must be made promptly after becoming aware of the facts in order to make it possible to verify them.

The following are not considered whistleblowing reports: disputes, claims or requests related to a personal interest of the Reporter that concern exclusively their individual employment relationship, or their relationship with hierarchically superior figures.

REPORTING CHANNELS

Internal reporting channels

Reports can be sent via 

• an IT platform accessible from the MIC SpA website 
• verbally, by means of a statement made by the Whistleblower at a special hearing

The IT platform is the preferred tool for sending and managing reports, as it is best suited to guaranteeing, by computerised means, the confidentiality of the identity of the Whistleblower and adequate information security measures.

Through the platform it is possible to

• send a report
• amend or update a report sent
• consult the status of a report sent;
• receive feedback on the follow-up given to the report.

The platform makes it possible to:

• separate the identification data of the reporter from the content of the report, providing for the adoption of codes replacing the identification data, so that the report can be processed anonymously;
• keep the content of the report confidential throughout the entire report management phase, allowing access only to authorised persons;
• adopt secure protocols for data transmission over the network, as well as the use of encryption tools for the content of the report and any attached documentation;
• interact with the reporting person, guaranteeing his/her anonymity.

The reporting person is notified of receipt of the report within 7 days from the date of receipt. The Whistleblower is also informed of the outcome of the investigations carried out on the matter.

External reporting and public disclosure

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 by the rule. The possibility of making external reports to the ANAC is allowed only in the following cases

• where the internal reporting channel is not active or where it does not comply with the requirements of the law;
• in cases where the Whistleblower has already made an internal report which was not followed up;
• in cases where the Whistleblower has well-founded reasons to believe that, if he/she made an internal report, it would not be effectively followed up, or that it might give rise to the risk of retaliation;
• in cases where the Whistleblower has well-founded reasons to believe that the breach may constitute an imminent or obvious danger to the public interest.

PROTECTION OF THE REPORTER

In compliance with the provisions of the law, MIC SpA guarantees the confidentiality of the reporter's identity from the time of receipt of the report and prohibits (and sanctions to the extent permitted by its powers and faculties) any direct or indirect form of retaliatory or discriminatory measures and conduct adopted against the reporter as a result of the report, including those of omission, even attempted or threatened, as well as those aimed at third parties connected to the reporter, such as relatives or colleagues.

PROTECTION OF THE PERSON INVOLVED

The persons in any capacity involved in the management of reports are required, within the limits of the law, to maintain confidentiality as to the existence and content of the report received and the activity carried out in this regard, and guarantee the confidentiality of the identity of the Whistleblower in accordance with the provisions of the regulations in force.

MIC SpA protects the rights of the Involved Persons, first of all by ensuring, in order to guarantee appropriate confidentiality, that any communication relating to their identity strictly follows the principle whereby a person is authorised to access certain information only if necessary - and to the extent necessary - for the performance of the activities for which he or she is responsible according to the tasks assigned to him or her by the company.ù

The Involved Person is informed of the existence and content of the report and receives a copy of it, with the exception of the reference to the identity of the Whistleblower, which cannot 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 consideration, the disclosure to the Involved Person may be delayed or not made in whole or in part if it appears necessary to await the action of public authorities, or if it is reasonable to believe that, by providing the disclosure, the confidentiality of the identity of the Whistleblower protected by law may be at risk.

PROCESSING OF PERSONAL DATA

As part of the reporting management process, personal data are processed in compliance with the relevant legislation in force (EU Regulation 679/2016 and Legislative Decree 196/2003, as amended by Legislative Decree 101/2018). Please refer to the attached "Informative note on the processing of personal data of the reporter".