Whistleblowing

The whistleblowing reporting channel allows reports to be made concerning a reasonable and legitimate suspicion, or the knowledge, of unlawful conduct or irregularities committed by personnel or representatives of the organisation that may cause harm, even if only to its image, to the organisation itself, as well as to third parties.

Arca Fondi Sgr Spa (hereinafter also Arca or the Sgr) is committed to strictly complying with laws and regulations, promoting an organisational culture of trust, transparency and accountability that helps to prevent crimes, possible fraud, wrongdoing or any irregular conduct that may constitute a breach of the rules. This is in order to prevent risks related to any prejudicial act or fact for the Sgr itself, its employees, clients, shareholders, suppliers and any other stakeholder and, by extension, for the collective public interest.

All employees and collaborators, freelancers, consultants and suppliers, volunteers and interns, as well as shareholders and persons with administrative, management, control, supervisory or representative functions, who carry out or used to carry out their activity at the Sgr, may submit a whistleblowing report.

Arca ensures the utmost confidentiality of the personal data of the reporting person and of all third parties involved, also in order to protect them from any retaliatory, discriminatory or otherwise unfair conduct resulting from the report, as provided for by the applicable legislation.

Reporting persons are also reminded that reports must be factual and have a direct connection with the subject of the report. The report can be submitted through the platform, accessible at the following link (for further information, please refer to the FAQ below).

Submit a Whistleblowing report

FAQ

What types of reports can be submitted through the whistleblowing system?

It should be noted that, since the scope of violations potentially related to the regulations governing the activities carried out by the Sgr is very broad, it is not possible to list systematically and exhaustively the cases that may be reported. The following are considered relevant: violations of the rules governing financial activity under Legislative Decree no. 58 of 24 February 1998 (TUF); Legislative Decree no. 231 of 21 November 2007, on anti-money laundering; European Regulation no. 596/2014, on market abuse, and the related implementing and regulatory provisions; supervisory legislation as a whole, essentially available on the websites of the Bank of Italy, Consob, the Italian Data Protection Authority, the Italian Competition Authority and the Financial Intelligence Unit; the rules establishing the predicate offences for the administrative liability of legal entities under Legislative Decree no. 231/2001. Also considered relevant are acts or conduct carried out in breach of laws and regulations, of Arca's Code of Ethics or of other company provisions subject to disciplinary sanctions. Pursuant to Legislative Decree no. 24 of 10 March 2023, transposing European Directive 2019/1937, the following may also be reported through the whistleblowing system: unlawful conduct under Legislative Decree no. 231/2001; offences falling within the scope of European Union or national acts (public procurement; financial services, products and markets and prevention of money laundering and terrorist financing; product safety and compliance; transport safety; protection of privacy and personal data and security of networks and information systems; protection of the environment, etc.); acts or omissions that harm the financial interests of the Union referred to in Article 325 of the Treaty on the Functioning of the European Union; acts or omissions concerning the internal market, referred to in Article 26(2) of the Treaty on the Functioning of the European Union; acts or conduct that defeat the object or purpose of the provisions of the Union acts in the areas indicated above.

What is the procedure for submitting a report?

To submit a report, click the "Submit a Whistleblowing report" buttons on the whistleblowing page. The service is available 24 hours a day, 7 days a week. The report may also be submitted anonymously and, therefore, no authentication is required.
The stages of the reporting process are, in summary, as follows. In particular, the whistleblower:

• must choose the type of violation;
• must describe precisely and in detail the circumstances and facts being reported, as well as the personal details, status and/or role of the person who carried out the acts and/or facts being reported;
• must include a statement of any co-responsibility for the reported violation, as well as a statement of any personal interest relating to the acts and/or facts reported;
• may include any further information and/or documents in support of the report;
• may include a statement as to whether or not they wish to disclose their identity;
• may communicate with the Head of the internal system for reporting violations through a protected and confidential communication channel located within the reporting procedure itself;
• receives, once the reporting procedure is completed, the unique code to monitor the progress of the report.

How is a report handled?

The report is handled essentially by the Head of the internal reporting system, identified, on the basis of the subject of the report, as the Internal Audit Office or the Head of the Anti-Money Laundering Function. Where reports received through the "whistleblowing" system concern facts or conduct relating to Internal Audit, the handling of the reports is entrusted entirely to the Head of the Anti-Money Laundering Function, and vice versa. Other company functions are involved only if strictly necessary and indispensable for carrying out the analyses. In any case, confidentiality, security and the protection of personal data are ensured.

Is it possible to remain anonymous?

Yes, the platform is configured to receive an anonymous report. However, it is always advisable to provide your contact details in order to facilitate the handling of the report.

Will the reporting person be informed after submitting a report?

Yes, after a report is submitted, the whistleblower will be informed by means of an acknowledgement of receipt issued within the procedure within 7 days of the date of receipt of the report and, subsequently, within 3 months of the date of the acknowledgement of receipt or, in the absence of an acknowledgement, within 3 months of the expiry of the 7-day period following submission of the report, the outcome of the report will be communicated to them. In addition, the reporting person can monitor the progress of the report by accessing the procedure directly.

What protection does the reporting person have after submitting a report?

Arca guarantees the confidentiality of the information received and keeps the identity of the reporting person confidential. The reporting person must not suffer retaliatory, discriminatory or otherwise unfair conduct as a result of the report. The protections also apply when the legal relationship has not yet begun, if the information on the violations was acquired during the selection process or in other pre-contractual stages; during the probationary period; and after the termination of the legal relationship, if the information on the violations was acquired in the course of that relationship.

Is it possible to use other channels in addition to the internal reporting channel provided by the Sgr?

In addition to reports made through the internal channel, the reporting person may use the external reporting channel activated by the National Anti-Corruption Authority (ANAC), if one of the following conditions is met:

• the mandatory activation of an internal reporting channel is not provided for in the work context, or the channel, even if mandatory, is not active or, even if active, does not comply with the law;
• the reporting person has already made an internal report and it has not been followed up;
• the reporting person has reasonable grounds to believe that, if they made an internal report, it would not be effectively followed up or that the report itself might entail a risk of retaliation;
• the reporting person has reasonable grounds to believe that the violation may constitute an imminent or obvious danger to the public interest.

The updated legislation also provides for the possibility for the reporting person, as a last resort and where the specific conditions laid down in the aforementioned rules are met, to make public disclosures through the press or electronic media or other means of dissemination capable of reaching a large number of people.

Are measures provided for against a reporting person who makes a report in bad faith, or one that is insulting, slanderous, defamatory, or made with wilful misconduct and/or gross negligence?

Yes, the Sgr may take the most appropriate disciplinary and/or legal measures to protect its rights, assets and image against anyone who, in bad faith, with wilful misconduct and/or gross negligence, has made false or unfounded reports and/or reports made solely for the purpose of slandering, defaming or causing prejudice to the person reported.

Download the Privacy Notice – Whistleblowing