The E-GAP Group (hereinafter also only “E-GAP”) promotes the adoption of tools aimed at preventing illegal conduct and/or put in place in violation of the Code of Ethics, national laws and/or other internal rules, regulations and procedures that apply to the processes and activities carried out by it.

E-GAP, therefore, encourages and protects individuals (whether they are employees, trainees, collaborators, suppliers and/or any other person who comes into contact with E-GAP) who report violations of regulatory provisions, national or of the European Union (the “Whistleblowers”), which harm the public interest or the integrity of the same, of which they have become aware in a work context. To this end, E-GAP has adopted an internal reporting system (available at. https://egap-whistleblowing.segnalazioni.net) (the “Platform”) and the prohibition of retaliation.

The purpose of this document is to outline the principles placed in place to safeguard Whistleblowers, how to submit reports, as well as any possible actions resulting from violations found.

1. PRINCIPLES OF WHISTLEBLOWING REPORTING

Whistleblowers have a duty to report violations – as better defined in Article 2 – of which they become aware or of which they have reasonable suspicion in the manner set forth in the Platform.

In addition, Whistleblowers are protected against any retaliatory or discriminatory act, direct or indirect, for reasons related, directly or indirectly, to the reporting. This protection is also guaranteed when the report, although unfounded, is based on criteria of good faith and reasonableness.

Reports, including through the use of encryption tools, will be guaranteed by an adequate level of confidentiality of the identity of the Whistleblower as well as the confidentiality of the information contained within them, to the extent that anonymity and confidentiality are enforceable under the law.

Reported persons are in any case protected with regard to both the confidentiality of the reports concerning them and any investigations carried out, and the protection of the same from any retaliatory and/or defamatory reports.

Internal reporting channels ensure that no report can be deleted and/or altered and, in any case, cannot be used beyond what is necessary to adequately follow up on it.

2.     CONTENT OF THE REPORT – THE INFRINGEMENTS

The subject of the report will be all possible violations of national and European Union regulatory provisions that harm the public interest or the integrity of the public administration or private entity, of which the Whistleblowers have become aware in a public or private employment context.

Therfore, the following infringements constitute the object of reporting:

• civil, administrative, criminal and accounting offenses;
• unlawful conduct relevant under the Anti-Corruption Law;
• violations of Code of Ethics or other internal provisions adopted by E-GAP;
• unlawful conduct arising from Union or national regulations on: public procurement, services products and financial markets and prevention of money laundering and financing of terrorism, environmental protection, radiation protection and nuclear safety, public health, consumer protection, privacy and personal data protection, and network and information system security;
• acts or omissions detrimental to the financial interests of the European Union (e.g., in the area of VAT).
• Acts or omissions concerning the internal market of the European Union (e.g., concerning competition

In any case, the Whistleblower is required to include:

• the circumstances of time and place in which the reported fact occurred;
• the description of the fact;
• the generalities or other elements that make it possible to identify the person to whom the reported facts are attributed;
• if technically possible, documents that may provide evidence of the facts being reported, as well as an indication of other persons potentially aware of the facts.

The following are not eligible for reporting:

• objections, claims or demands related to an interest of a personal nature of the Whistlebloer that pertain exclusively to his or her individual working relationships, or inherent in his or her working relationships with hierarchically subordinate figures;
• Reports of national security breaches, as well as procurement related to defense or national security aspects, unless such aspects are covered by relevant secondary legislation of the European Union.
• news that is patently unsubstantiated, information that is already totally in the public domain, as well as information acquired only on the basis of indiscretions or rumors that are scarcely reliable.

3.     PROTECTION OF THE WHISTLEBLOWER

Reports may be made completely anonymously. In any case, E-GAP prohibits retaliatory acts against Whistleblowers and, therefore, retaliatory acts will be null and void.

Retaliation constitutes all those behaviors – unjust and arbitrary – put in place by a person, by reason of the report made, against the Whistleblower.

4.     VIOLATIONS OF THE WHISTLEBLOWING SYSTEM AND CONSEQUENCES

The observance of the abovementioned rules must be considered an essential part of the contractual obligations foreseen for the employees of the E-GAP Group, for the managers, and for its external collaborators of the same.

E-GAP may, if the conditions are met, apply the following sanctions:

• against those who are responsible for any act of retaliation or discrimination or otherwise unlawful prejudice, direct or indirect, against the Whistleblower (or anyone who has collaborated in the investigation of the facts that are the subject of a report) for reasons related, directly or indirectly, to the report;
• towards the Whistleblower for the responsibilities ascertained;
• against employees who have made an unfounded report with malice or gross negligence.

These measures, if any, will be applied in a manner proportional to the intentionality and severity of the behaviors ascertained.