New technologies, privacy, and whistleblowing – labour law and criminal law implications

On November 28th and 29th, a workshop was organized by our law fime together with Computershare, a company providing innovative services to public companies.

The issues targeted during the event, were those related to compliance requirements for listed companies or those operating in highly regulated sectors.

Mr Carlo Burragato and Mr Carlo Fossati underlined in their speeches, from a labour law standpoint, that  effective control of staff behaviour to prevent illegal conduct or even non-compliance with their ethical standards, and to prosecute violations after they have occurred, is now a necessity.

On the other hand, for more than a decade, our legislation has strengthened the tools that protect employee privacy, also in view of the increased risks of arbitrary and systematic employer intrusion through new technologies.

Knowing the limits within which the company can (and must) operate in this delicate matter becomes, therefore, essential, also to avoid those working in this area (HR, legal and compliance first) the risk of incurring personal responsibility that can also be prosecuted under criminal law.

Finally, it is necessary to find an appropriate balance between the requirements of transparency that govern whistleblowing policy, on the one hand, and those of management protection against dangerous forms of illegal defamation, on the other.