Alerte éthique

1. Introduction

With the publication of Legislative Decree no. 24 of March 10, 2023, Directive (EU) 2019/1937 was implemented regarding the protection of persons who report violations of Union law and national regulatory provisions[cite: 16, 17]. MTS S.r.l. has prepared this procedure as an integral part of its Organization, Management, and Control Model (MOG231)[cite: 18, 19, 20].

2. Purpose of the procedure

To regulate the process of receiving, analyzing, and processing reports of violations that harm the public interest or the integrity of MTS, including conduct that could constitute one or more relevant offenses under Legislative Decree no. 231/01 or a violation of MTS's MOG231[cite: 22, 23].

3. Scope of application

The procedure covers unlawful conduct, irregularities, or attempted/committed crimes of which the reporter has direct knowledge during the performance of their duties[cite: 28]. It cannot concern grievances, claims, or requests linked to a personal interest of the reporter relating exclusively to their individual employment relationships[cite: 42].

4. Involved parties

• Subordinate and self-employed workers[cite: 50, 52].
• Collaborators, freelancers, and consultants[cite: 53, 56].
• Trainees (paid and unpaid)[cite: 57].
• Shareholders and persons with administration, management, control, supervision, or representation functions[cite: 58].

5. Content of the report

Reports must be detailed and based on precise and consistent elements[cite: 60]. They must include:

• Personal details of the reporter[cite: 73].
• A clear and complete account of the facts and how they were directly learned[cite: 74, 75].
• Time and place circumstances, if known[cite: 76].
• Details to identify the perpetrator of the conduct, if known[cite: 77].
• Any documents confirming the facts reported[cite: 79].

Anonymous reports will only be considered if they are sufficiently detailed[cite: 68].

6. Recipients and transmission methods

The Manager of the reports coincides with the members of the Supervisory Body[cite: 82]. Reports must be submitted via the dedicated IT platform: [cite: 83]

7. Internal reporting channel: phases and timelines

• Acknowledgement of receipt: within 7 days of the reporting date[cite: 96].
• Communications: the Manager maintains dialogue and may request further information[cite: 98].
• Investigation: verification of validity, potential reasoned dismissal, or transmission to managing directors for disciplinary measures[cite: 102, 103].
• Final feedback: within 3 months from the acknowledgement of receipt[cite: 106].

8. Whistleblower protection

Confidentiality

The identity of the reporter and any information from which it can be inferred cannot be disclosed without express consent[cite: 113]. Violation of confidentiality leads to disciplinary proceedings[cite: 126].

Prohibition of retaliation

Any form of retaliation (dismissal, suspension, demotion, discrimination) is prohibited[cite: 131, 134, 135, 136, 149]. Retaliatory acts are null and void[cite: 178]. In judicial proceedings, it is presumed that such acts were committed due to the report, and the burden of proof lies with the person who performed them[cite: 160, 161].

Exclusions from protection

Protections are not guaranteed if the reporter is found criminally liable for calumny or defamation, or civilly liable for willful misconduct or gross negligence[cite: 127, 167].

9. Processing of personal data (Information Summary)

Data Controller: MTS S.r.l., via dei Senoni 8, Forlì (FO), represented by the legal representative pro tempore, Dr. Francesco Ferraris[cite: 242, 243].

Retention: Reports and documentation are kept for as long as necessary for processing and no longer than 5 years from the date of communication of the final outcome[cite: 204, 281].

Rights: The data subject may exercise the rights provided by the GDPR (access, rectification, erasure, etc.) by contacting the Controller or the DPO[cite: 286, 295, 299].