The changes introduced by Legislative Decree No. 24/2023
Last March, Italian Legislative Decree No. 24/2023 ("Decree"), which transposed Directive (EU) 2019/1937 into Italian law, entered into force. Thus, a "general" legal safeguard was introduced for the protection of persons who report violations of national and EU regulations 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.
The Decree broadens the subject matter of the reports, extends the range of reporting persons to whom the protections provided for therein apply, identifies the reporting channels, details the procedures for handling reports, and protects the confidentiality of the identity of the reporter, the reported person and other persons involved.
DAZN has adopted a procedure for handling and receiving reports and has also adopted reporting channels that guarantee the confidentiality of the reporter and the persons involved, in order to ensure full compliance with the Decree and to promote maximum transparency within the organization.
On this page, you can find information on the channels, procedures and prerequisites for making internal reports to DAZN, as well as for making external reports to the National Anti-Corruption Authority ('ANAC').
What can be reported in DAZN?
The violations that can be reported in the context of DAZN are as follows:
a) Violations of Italian Legislative Decree 231/2001, for example:
• Market manipulation, insider dealing.
• Corporate offences (e.g. false corporate communications or unlawful distribution of profits).
• Tax offences (e.g. failure to declare or destruction of accounting documents).
• Violations of the Organization, Management and Control Model adopted at DAZN.
b) Violations of EU law, for example:
• Deceptive or aggressive business practices (e.g. misleading advertising).
• Provision of digital services not in conformity with the consumer contract.
• Unlawful processing of personal data (e.g. e-mails sent without the consent of the persons concerned).
The complete list of reportable violations is set out in Article 2 (1)(a) of the Decree.
Reports may also concern well-founded suspicions concerning violations committed or which, on the basis of concrete elements, could be committed, as well as elements concerning conduct aimed at concealing such violations.
It is not possible to report disputes, claims or requests linked to an interest of a personal nature on the part of the reporting person or relating to his or her individual employment relationship or to his or her employment relationship with hierarchically superior figures, in the manner indicated herein.
Who Can Report
Under the Decree, reports may be made by:
1) DAZN employees, even during the probationary period.
2) self-employed persons, consultants, suppliers, freelancers working with or for DAZN.
3) volunteers and trainees.
4) shareholders and persons with administrative, management, control, supervisory functions at DAZN.
The persons indicated may also make reports before the commencement or after the termination of the employment relationship, provided that the information on the reported violations was acquired in the course of the relationship.
DAZN's internal reporting channels
DAZN has set up internal reporting channels in compliance with the Decree, aimed at guaranteeing the confidentiality of the identity of the person making the report, the person involved, and the person mentioned in the report.
The internal reporting channels are as follows:
1) IT platform, accessible at the following link: https://dazn.integrityline.com. The platform also provides the possibility of sending voice messages.
2) By postal service to: Gestione segnalazioni whistleblowing- Piazza San Babila 3 20122 Milano;
3) At the request of the reporter, through a direct meeting with the office dedicated to receiving and handling reports (Case Manager).
If the postal service is used, in order to ensure confidentiality, it is necessary to put the report in two sealed envelopes: the first with the identity data of the reporter together with a photocopy of the identification document; the second with the report, so as to separate the identity data of the reporter from the report. Both envelopes should be placed in a third sealed envelope, which should be marked on the outside "Strictly confidential.
Confidential to the Case Manager'. The whistleblower should indicate in the communication an address where he/she can prove receipt of the report and provide feedback. To ensure confidentiality, it is recommended to use addresses from which the identity of the reporter cannot be traced.
The management of reports
DAZN has entrusted the reception and management of reports to the functions XXX ('Case Managers'), appropriately trained to ensure the confidentiality of the reporter and other persons involved.
The case manager will carry out the verification activities necessary to follow up the report, possibly with the help of other previously authorized persons, and will manage the dialogue with the reporter.
In any case, in order to ensure proper handling, reports must be accurate, circumstantiated and supported by evidence. The submission of untruthful, defamatory and slanderous reports is prohibited; violation of this prohibition may lead to the imposition of sanctions against the reporter.
External reports
For alerts concerning breaches of EU law, an external alert may be issued if the following conditions are met:
1) the whistleblower has already made an internal report and it has not been followed up.
2) the whistleblower has reasonable grounds to believe that, if he or she were to make an internal report, it would not be effectively followed up or that the report might give rise to the risk of retaliation.
3) the reporter has reasonable grounds to believe that the breach may constitute an imminent or obvious danger to the public interest.
The addressee of the external report is the Italian National Anti-Corruption Authority (ANAC), which will carry out the necessary investigative activity to follow up the report. To learn more about the channels, methods and management of reports by ANAC, please refer to the following link:
https://www.anticorruzione.it/-/whistleblowing