Compliance with the Group's Code of Ethics and Human Rights Policy is required - within the limits of their respective powers, functions and responsibilities - of all corporate bodies, managers and employees of all Group Companies, as well as collaborators and third parties in business relationships with the Group.
Pursuant to article 4 of the Code of Ethics and Conduct of the TIM Group, the requirements of the US Sarbanes Oxley Act (sections 301-302-806) and the Principles of Conduct of the Organisational Model 231 applicable to the TIM Group Companies, as of Genuary 2019 a new Whistleblowing Procedure has been in force across TIM, all the TI Group's national unlisted companies and subsidiaries registered in San Marino (Telecom Italia San Marino SpA and Telefonia Mobile Sammarinese SpA), and constitutes a benchmark for national and foreign listed companies.
The procedure establishes a process to guarantee the receipt, analysis and processing of whistleblowing reports regarding suspicious conduct that is not consistent with the provisions of the Code of Ethics and Conduct of the TIM Group, the Group's Human Rights Policy, the Organisational Model 231 adopted by the Group, the internal procedures and external regulations applicable to the Group, as well as reports and complaints received by the Boards of Statutory Auditors of TIM Group companies on matters relevant to them
The procedure, which is available on the company Intranet and at www.telecomitalia.com, provides for the centralised handling, by the Audit Department, of all whistleblowing reports, using a computer app (the “Whistleblowing Portal”), which the Group provides to anyone (employees, partners, customers, suppliers, consultants, collaborators, shareholders and, more generally, any third party with nres concerning the aformentioned conduct), to send or submit, in an anonymous way and with a maximum guarantee of confidentiality, whistleblowing reports regarding the following in particular:
- requests for clarifications regarding the appropriateness of one's own or other people's conduct in order to ensure full compliance with the Code of Ethics and Conduct and with the values stated in the Human Rights Policy;
- communications regarding alleged violations, requests or inducements to violate legal provisions or regulations, provisions of the Code of Ethics and internal procedures;
- communications regarding alleged violations of Organisational Model 231 -directly within the competence of the TIM Board of Statutory Auditors or of Group Companies (also in their role as Supervisory Body 231), or of individual 231 Supervisory Bodies present in some Group companies - also at follow-up of conduct at risk of crime and/or illegal activities envisaged by the Organizational Model 231;
- reports regarding alleged anomalies, irregularities and reprehensible actions;
- statements regarding accounting issues, internal accounting controls or auditing, whoever they may be from, as well as reports of queries, submitted by employees of the Company and the Group, regarding the same accounting or auditing matters deemed to be questionable, which come within the competence of the Board of Statutory Auditors of Telecom Italia (including as Audit Committee).
The system assigns each report a unique identification code which enables the whistleblower to check the processing status.
All whistleblowing reports undergo rigorous analysis by the Audit Department, in full compliance with the principles established by the International Standards for the Professional Practice of Internal Auditing issued by the Institute of Internal Auditors (IIA), and the Code of Ethics and Conduct of the TIM Group.
II. Measures taken
As for TIM's own staff, the most significant disciplinary sanctions related to infringements of the Code of Ethics during 2018 amounted to 6 actions. The cases involved were the following:
Activities in contrast / competition with the Company
Private use of materials, equipment, corporate services
Falsifying or altering documents or equipment for undue advantages
Violation of corporate travel rules
Telephone secret violation
In 2018, as for relations with suppliers subject to 231 self-certification (a certification stating compliance with TIM's Code of Ethics as well as with other requirements)
- 107 haven't provided any certification, yet
- 10 are not compliant with 231 requirements