Organizational model

The administrative liability of companies is autonomous with respect to the criminal liability of the natural person who committed the offence, and stands alongside the latter.

Legislative Decree no. 231/’01 innovates the legal system by making directly and autonomously applicable to companies both pecuniary and disqualifying sanctions in relation to offences ascribed to persons functionally linked to the company and mentioned above.

The administrative liability of the company, a tertium genus that combines the essential features of the criminal and administrative systems, is, however, excluded if the company has, inter alia, adopted and effectively implemented, prior to the commission of the offences, an organizational, management and control model capable of preventing the offences themselves: hence Santagata’s decision to adopt one, as a guarantee for itself and its stakeholders.

The regulation provides that the organizational model may be adopted on the basis of codes of conduct drawn up by the associations representing the entities: Confindustria, in implementation of what has now been recalled, defined the Guidelines for the construction of organization, management and control models, providing methodological indications for the identification of risk areas (sector/activity within which offences may be committed), the design of a control system (the so-called protocols for planning the formation and implementation of the entity’s decisions) and the contents of the organization, management and control model.

These Guidelines suggested Santagata to use risk assessment and risk management processes useful to identify the risks connected to the activity and to adopt some general tools, including the Code of Ethics and a disciplinary system.

Not only: in compliance with the law, Santagata established a Supervisory Board, entrusted with the task of overseeing the functioning and observance of the model and ensuring that it is updated. The Body, endowed with autonomous powers of initiative and control, complies with the Confindustria Guidelines, which suggest that it should be a body characterized by autonomy and independence, professionalism̀ and continuitỳ of action. The identification of an expense budget in favor of the Body confers on it autonomous powers of initiative, intervention and control, which extend to all the sectors and functions of the Companỳ, exercised in order to effectively and promptly perform the functions envisaged in the Model and its implementing rules, including inspection and control activities aimed at ensuring the effectiveness of and compliance with the model.

To complete the Company’s compliance project, which began in 2018 with the preparation and application of the Data Protection Policy, Santagata adopted a Code of Ethics in order to crystallize those procedures and those correct and diligent behaviors that inform the Company’s activities, circulated to all employees as a useful guide for anyone who comes into contact with the Company.