In compliance with Legislative Decree no. 24/2023 about the protection of individuals who report violations of European Union and national laws, Atena S.p.A. has established the specific “pro121” reporting and whislteblowing management procedure and has adopted the “Whistleblowing Platform” an useful technology to submit reports, also in anonymous form, in full compliance with the privacy and secrecy rights.

The procedure “pro120” above mentioned, is available both in hard copy form at the entrance hall and on-line at the following url: PRO121-Whistleblowing-Atena.pdf

To avail properly of all safeguards provided, it is recommended to read the procedure before reporting.

How does the platform work?

Once you have clicked on the link:!/WB/Atena

follow the pre-defined compiling steps.

When filling out the information collection form, the whistleblower can choose to communicate with the whislteblowing manager either anonymously or with identification.

When submitting a report, the WB platform provides an on-screen 16-digit code that allows the whistleblower to monitor the submitted report, check its status, obtain information on the outcome and communicate with the whistleblowing manager.

It is recommended to keep the 16-digit report identification code in a safe place to access the portal, check the report status, view the whistleblowing manager notifications and replies.

How does the reporting process work?


Who can report?

Subjects who can make a report are:

  • Employees (including temporary workers and apprentices);
  • Temporary workers employed through an agency;
  • Occasional self-employed workers;
  • All self-employed workers as defined in Article 2222 of the Civil Code;
  • Coordinated and permanent employees;
  • Interns, volunteers, trainees;
  • Subjects with functions of administration, management, control, supervision and representation (including de facto) of the entity;
  • Shareholders;
  • Suppliers;
  • Freelance or in-house consultants.

How to make a report through internal channels?

Reports can be made through internal channels via:

  • Platform (anonymous way),
  • Registered mail with acknowledgement of receipt (non-anonymous way),
  • Direct meeting with the manager and/or employer (non-anonymous way).

More information to submit reports through internal channels can be found in the “pro120” procedure adopted by Atena S.p.A.

When can external channels be used?

In the absence of internal channels, when no response has been received within three months from the submitting data, in case of a conflict of interest, or in the event of a threat to public security, it is possible to turn to the judicial authority, to ANAC (National Anti-Corruption Authority) or to publish information through the media.

Information about the legitimacy of the reports, as well as detailed instructions to properly reporting through external channels, are set out in Decree No. 24/2023, to which refer.

How to write the report?

In order to make the report effective, it is necessary to provide the circumstances of the place and time and to identify the direct actors of the conduct to be reported, as well as those involved and/or with knowledge of the facts. Supervision remains the responsibility of the employer and the whistleblowing manager.

The whistleblower is not required to carry out any investigation to establish the existence of wrongdoing in the workplace. Illegal whistleblowing can also result in disciplinary action.

The whistleblower is only required to describe the facts witnessed, leaving the investigation to the person in charge.

What are the protections for the whistleblower?

Prohibition of retaliation, obligation to keep the identity of the whistleblower confidential and protection of privacy.

To protect the whistleblower, the whistleblowing legislation provides for specific safeguards to make the prohibition of retaliation effective.

In addition to the usual protection of personal data, specific confidentiality obligations are provided, which includes both confidentiality of the whistleblower’s identity and time limits for the lawful retention of whistleblowers data.

Whistleblowers who choose to reveal their identity to their whistleblowing manager or employer are protected as well; in the event that explicit consent is not obtained, confidentiality obligations apply.

What kind of behaviours can be reported in compliance with whistleblowing decree?

In compliance with the Whistleblowing Decree, all conducts that violate European and National (civil, criminal and administrative) laws causing damages to the company, including to its reputation by undermining its integrity, may be reported by the whisteblower who has become aware at work.

Some examples:

  • Bribery of a public official committed by an employee in the execution of his duties for Atena S.p.A;
  • Occupational health and safety offences, such as failure to wear personal protective equipment;
  • Environmental offences such as, for example, poisoning of water and food, environmental pollution, trafficking and abandonment of radioactive material, failure to clean up;
  • Sexual harassment at work;
  • Disputes between workers resulting in serious injury to people, damages to company property such as transport vehicles, machinery and equipments;
  • Acts of physical or verbal violence committed in the presence of third parties, such as customers, suppliers, freelancers, that cause damage to the company’s reputation.

What kind of behaviours can not be reported in compliance with whistlebloving decree?

According to the Whislteblowing Decree, all behaviours that relate to the individual employment relationship between the employee and the company, such as bullying, salary claims, demanding higher qualifications, disputes between colleagues that have not resulted in injury to people or damage to company property and that have occurred in the absence of third parties such as suppliers, customers, etc., are not subject to reporting.

All these cases are the responsibility of the Human Resources Department, to report directly.

Who receives the reports?

The whistleblowing manager is the person designated by the employer to receive the whistleblowing reports, verify their validity and, if necessary, conduct the related investigations and provide feedback to the whistleblower.

The name of the person in charge is stated in the whistleblowing procedure adopted by the company.

In the event of a conflict of interest, i.e. when the whislteblowing manager is involved in the subject matter of the report, the whistleblower can refer directly to the employer via the other internal channels or to ANAC (National Anticorruption Authority).