INTRODUCTION

Italian Legislative Decree no. 24 of 10 March 2023 transposed Directive (EU) 2019/1937 on whistleblowing into the Italian legal system, which lays down guidelines concerning the protection of the persons reporting breaches of national law, in force as of 15 July 2023.

The Decree ensures the protection by national law of the persons reporting breaches of national or European Union regulatory provisions that harm the interest or integrity of the private entity, of which they have become aware in a work context (Article 1(1) of the Decree).

The conduct or omissions reported may consist, in particular, of breaches of national law (civil offences, administrative offences, criminal offences, accounting offences, breaches of organisation and management models) as well as breaches of the European Union legislation set out in Annex 1 to Italian Legislative Decree no. 24 of 10 March 2023 and of all national provisions that implement it.

Therefore, in implementation of the Directive and in compliance with the legislation in force, Marco Viti Farmaceutici S.p.A. has put in place a specific procedure for the receipt, analysis and processing of reports of alleged breaches, ensuring the protection of persons reporting breaches.
 

REPORTING CHANNEL

In compliance with the applicable regulations, Marco Viti Farmaceutici S.p.A. has created a specific channel which guarantees that anybody can make a report, accessible at the following link: 

https://marcoviti.whistleblowing.it/#/

This IT platform enables management of communications received from the reporting person, ensuring confidentiality with regard to both the identity of the reporting person and the content of the reports, the latter protected by technical and security measures suitable for guaranteeing the utmost confidentiality pursuant to EU Regulation 2016/679 on personal data protection.

The reports will be examined by the recipient, a competent person authorised to be informed of the facts reported in order to prepare an investigation and where necessary, interact with the reporting person.
 

FURTHER ORGANISATIONAL MEASURES

In managing reports, Marco Viti Farmaceutici S.p.A. shall ensure that:

• the identity of the reporting person (whistleblower) is kept confidential at every stage of the management of the report, so that they are not subjected to any direct or indirect discrimination or pressure;
• the content of the report and related documentation are kept confidential at every stage of management of the report;
• the reporting person’s identity may not be disclosed (in the event of the initiation of disciplinary proceedings in whichthe reporting person’s identity is indispensable for defence of the person concerned, the reporting person may decide whether or not to give their consent to the disclosure of their identity so that their report may be used for the purposes of the proceedings);
• the report is excluded from the right of access to data under Italian Law 241/1990 (Article 22 et seq.) and therefore may not be viewed or copied by any applicant.
   

WHAT IS A REPORT AND WHAT CAN BE REPORTED

Any communication, including well-founded suspicions, concerning actual or potential breaches that have occurred or that are very likely to occur, as well as attempts to conceal such breaches concerning conduct referable to Persons of Marco Viti Farmaceutici S.p.A. that breach laws and regulations, Authority provisions, or Italian national law (civil offences, administrative offences, criminal offences, accounting offences, breaches of the organisation and management models) or the European Union regulations indicated in Attachment 1 of Italian Legislative Decree no. 24 of 10 March 2023 and of all national provisions that implement them.
 

WHAT NOT TO REPORT

The provisions of the Decree do not apply:

a) to disputes, claims or requests linked to a personal interest of the reporting person or of a person who has made a report to the judicial or accounting authorities that relate exclusively to their individual work or employment relationships, or inherent to their work or employment relationships with their superiors;

b) to reports of breaches already mandatorily regulated by the European Union or national acts indicated in Part II of the annex to the Decree or by the national acts which constitute the implementation of the European Union acts indicated in Part II of the annex to Directive (EU) 2019/1937, even if not indicated in Part II of the annex to this Decree;

(c) to reports of breaches relating to national security, as well as procurement relating to defence or national security aspects, unless such aspects are covered by relevant secondary legislation of the European Union.

For further details, please see Italian Legislative Decree 24 of 10 March 2023 and relative annexes.

Therefore, reports referring to requests and complaints of a personal nature relating to the employment relationship regulations will not be accepted.

Unfounded reports, those made in bad faith or with gross negligence will not be considered valid.

ANALYSIS AND HANDLING OF REPORTS

In compliance with the provisions of Directive (EU) 2019/1937 and relative transposing law, Italian Legislative Decree 24 of 10 March 2023, the Company has adopted a system for the management of reports (“Segnalazioni anche Anonime”) received by Marco Viti Farmaceutici S.p.A.

In compliance with the applicable regulations, regardless of the subject of the report, reports can always be sent directly to Marco Viti Farmaceutici S.p.A. via the appropriate channels, in the cases envisaged by the applicable regulations.

Whichever channel is used, Marco Viti Farmaceutici S.p.A. guarantees the receipt, analysis and processing of reports forwarded by anyone (employees, self-employed, collaborators, freelance professionals and consultants working for the company, shareholders (natural persons), persons in administrative, management, control, supervisory roles, including de facto roles) and other third parties, even in anonymous form. These reports must concern conduct by persons of Marco Viti Farmaceutici S.p.A., in breach of laws, regulations, provisions of the Authorities, or internal regulations, reporting breaches of national or European Union regulations that damage the interest or integrity of the private entity, of which they have become aware in a work context.

The results of verification of the reported cases shall be brought to the attention of specific persons appointed by Marco Viti Farmaceutici S.p.A. The utmost confidentiality is guaranteed for the persons and facts reported, as well as for the reporting persons’ identity, so that they are not subject to any form of retaliation.

Reports can be sent via a special platform, which uses IT to guarantee the confidentiality of the reporting person’s identity, available at the following link and which can be contacted for any further information required for making a report.

https://marcoviti.whistleblowing.it/#/

This channel is considered preferential and uses IT to guarantee confidentiality of the reporting person’s identity.

Without prejudice to the preferential use of the reporting channels made available by Marco Viti Farmaceutici S.p.A., in the cases peremptorily indicated pursuant to Art. 6 of Italian Legislative Decree 24 of 10 March 2023, it is also possible to make reports to the relevant authority (ANAC).

The information and personal data provided as part of any report are processed for the purpose of handling and following up the same, as well as for investigating of any reported conduct and taking the necessary measures in accordance with applicable laws, including data protection regulations. For more information on the modalities and purposes of the processing of personal data included in reports and collected during the procedure, we invite you to consult the information regarding processing of the data of reporting persons, persons concerned or other third parties involved available on this page.

PERSONAL DATA PROCESSING

Personal data and information provided as part of the reporting procedure will be processed for the purpose of managing and following up the report, as well as for investigating of any reported conduct and taking the necessary measures in accordance with applicable laws, including data protection regulations.  For more information on the modalities and purposes of the processing of personal data included in reports and collected during the procedure, we invite you to consult the information regarding processing of the data of reporting persons, persons concerned or other third parties involved available on this page.

INFORMATION

Before continuing, we invite you to read the information regarding processing of the personal data of the reporting person, the person concerned, and of any third parties involved in the conduct reported, available at the following links:

Information regarding the reporting person’s privacy

Information regarding the privacy of persons concerned and third parties