Whistleblowing Policy
Procedure for reporting unlawful acts and irregularities
This procedure governs, within APG S.r.l., the protection of individuals who report violations of European Union law and national regulations pursuant to Legislative Decree No. 24 of 10/03/2023, implementing Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019.
The term “whistleblower” refers to an employee, collaborator, self-employed worker, freelance professional, consultant, trainee, or director who reports to the competent authority violations or irregularities committed to the detriment of the interests of APG S.r.l. or a public body. The purpose of the report must be to expose and prevent risks and harmful situations for APG S.r.l., the Public Administration, and to protect the collective public interest.
The term “whistleblowing policy” refers to the reporting procedures as well as the actions provided to protect those who report unlawful conduct.
1. Purpose and scope of the procedure
The purpose of this procedure is, on the one hand, to remove any doubts or uncertainties the reporting person may have regarding how to submit a report, and on the other hand, to dispel fears of retaliation or discrimination resulting from the report itself.
This procedure provides clear operational guidance regarding:
- The subject of the report;
- Its content;
- The recipients of the report;
- The protection measures provided for the reporting person (or whistleblower).
2. Subject of the report
The report may concern behaviors, risks, crimes, or irregularities committed or attempted to the detriment of APG S.r.l. or the public interest. It may not concern personal complaints of the reporting person or claims/issues relating to the employment relationship, or relationships with supervisors or colleagues.
In particular, the report may concern actions or omissions, committed or attempted, that are:
1. Criminally relevant;
2. Carried out in violation of Codes of Conduct or other company rules subject to disciplinary sanctions;
3. Likely to cause financial harm to APG S.r.l.;
4. Likely to damage the reputation of APG S.r.l.;
5. Likely to cause harm to the health or safety of employees, users, or citizens, or to cause environmental damage;
6. Likely to harm users, employees, or other individuals carrying out activities at APG S.r.l.
3. Content of the report
The report must contain all elements useful for verifying the validity of the reported facts, in order to allow the competent Officer to carry out the necessary checks. In particular, as provided in the REPORTING UNLAWFUL CONDUCT FORM, the report must include:
- The personal details of the reporting person, including their role or professional position;
- The date and place where the event occurred;
- An assessment of the seriousness of the facts (e.g., whether the conduct is criminally relevant, may cause financial or reputational damage to APG S.r.l., or harm to health or the environment);
- A description of the facts (conduct and event);
- The author of the facts (including personal details, if known, or any other useful information for identification);
- Any other individuals aware of the facts and/or able to report on them;
- References to any documents and/or other information that may confirm the validity of the reported facts.
The report must be signed by the reporting person, indicating the place and date.
Anonymous reports will be considered only if they concern particularly serious facts and are sufficiently detailed and specific.
The report must be submitted using the specific REPORTING UNLAWFUL CONDUCT FORM, attached to this procedure and available on the website www.alecycling.com/policywhistleblowing.
4. Recipients of the report and submission methods
The report must be addressed to the Officer in Charge of the Whistleblowing Procedure, Ms. Franzoni Ilaria; the documentation will be stored confidentially. The report may be submitted in the following ways:
a) By email to segnalazioneilleciti@apgcycling.com.
In this case, the identity of the reporting person will be known only to the Officer in Charge of the Whistleblowing Procedure, who will ensure confidentiality, except where disclosure is required by law.
b) Verbally, through a statement made to the Officer in Charge of the Whistleblowing Procedure, who will record it in official minutes.
c) Via the website www.apgcycling.com, in the Whistleblowing Policy section, using the dedicated downloadable form, to be sent by email to segnalazioneilleciti@apgcycling.com.
5. Verification of the report
The Officer in Charge of the Whistleblowing Procedure will acknowledge receipt of the report within 7 days of receipt, verify its validity through any activity deemed appropriate (including personal hearings of the reporting person and other relevant individuals), in compliance with principles of impartiality and confidentiality, and provide feedback within 3 months from the date of acknowledgment of receipt.
In carrying out the verification activities, the Officer may rely on the collaboration of the relevant company departments.
If, upon completion of the verification, the report is deemed well-founded, the Officer will, depending on the nature of the report:
a) file a report with the competent judicial authority;
b) inform the Legal Representative of APG S.r.l. for appropriate measures, including disciplinary actions where applicable, as well as any further actions necessary to protect APG S.r.l.
6. Protection measures for the reporting person (whistleblower)
APG S.r.l. undertakes to:
- Protect the confidentiality of the reporting person’s identity;
- Prohibit discrimination against the whistleblower.
Except in cases of criminal liability for slander or defamation under the Criminal Code, or where anonymity cannot be maintained by law, the identity of the whistleblower is protected in all subsequent contexts and may not be disclosed without their explicit consent.
No form of retaliation or discriminatory measure, direct or indirect, related to the report is permitted against the reporting person.
A reporting person who believes they have suffered discrimination as a result of reporting an unlawful act must provide detailed notice of such discrimination to the Officer in Charge of the Whistleblowing Procedure, who will assess the situation and report it to company management for the necessary investigations and actions.
7. Liability of the reporting person (whistleblower)
This procedure does not affect the criminal or disciplinary liability of the whistleblower in cases of slanderous or defamatory reporting under the Criminal Code and Article 2043 of the Italian Civil Code.
Abuse of this procedure, including manifestly opportunistic reports or reports made solely to harm the reported person or others, as well as any other improper or intentional misuse of this mechanism, may give rise to disciplinary liability and other legal consequences.