Areas of activity
Compliance 231 and Whistleblowing
COMPLIANCE 231
Ceccarelli & Silvestri provides legal assistance on Corporate Compliance and Organizational Models pursuant to Legislative Decree No. 231 of 2001 which introduced administrative liability of entities for offenses committed in their interest or to their advantage by individuals who are part of their organizational structure (such as directors, managers or employees).
In order for the entity to be exempt from such liability, it must have adopted and effectively implemented an Organization and Management Model and entrusted a Supervisory Board, endowed with autonomous powers of initiative and control, with the task of supervising and updating the functioning and observance of the Model.
In this regard, the Firm’s professionals advise and assist companies in the following activities:
- mapping of company areas and “risk assessment” activities (analysis and assessment of the company’s exposure to the risk of committing the offences prescribed by Legislative Decree No. 231/2001 while carrying out its business activities);
- drafting, implementation and updating of the 231 Model and Code of Ethics;
- advice and support to ensure the effective implementation of Model 231;
- preparation and updating of operational procedures and protocols;
- training courses for the company’s employees (both on e-learning platforms and with in-person lecturers) on the content of Legislative Decree 231/2001, the Organizational Model adopted by the company, regulatory updates and/or major changes to the Model, specific procedures and/or special parts of the Model, including the conduct of intermediate and final tests to verify the level of learning;
- availability for entrustment in Supervisory Boards, both in monocratic and collegial composition;
- advice and support in favor of the company’s Supervisory Board.
WhistleBlowing
The firm also offers legal advice and assistance in Whistleblowing matters.
The new whistleblowing procedures introduced by Legislative Decree No. 24/2023, which transposes EU Directive 2019/1937 (the so-called “Whistleblowing Directive”), became effective in 2023. Legislative Decree No. 24/2023 extended the system of protections in favour of persons who report violations of national or EU regulatory provisions that harm the public interest or the integrity of the public administration or private entity, of which they have become aware in a public or private employment context.
In particular, the firm’s professionals advise and assist companies in the following activities:
- identification of the reporting channel and assessment of its compliance and adequacy with legal obligations, the National Anti-Corruption Authority guidelines and Confindustria guidelines;
- drafting of regulations for the submission and handling of reports;
- coordination of the whistleblowing system with privacy regulations;
- assuming the position of reporting manager.
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