Organisation models pursuant to Legislative Decree 231/2001
Legislative Decree no. 231, dated 8 June 2001, on the matter of “Administrative responsibility of legal persons and companies, including those without juridical status”, introduced a form of “almost penal” liability of companies – which is added to that of the physical person who has committed or attempted to commit the crime – for crimes committed in the interest or to the advantage of the Company both in Italy and abroad.
The regulations in question, however, envisage that the company cannot be subject to sanctions if it has adopted and effectively implemented models of organisation, management and control that are suitable for the prevention of the crimes indicated in the Decree, notwithstanding the personal liability of the person who has committed the crime.
In fulfilment of the provisions pursuant to the Legislative Decree in question, Fattorie Osella, the company belonging to the Mondelez group in Italy, has recently implemented its own organisation, management and control model, aimed at preventing those crimes (against the Public Administration, IT crimes, corporate crimes, accidents in the workplace, environmental crimes, etc.) which can be committed in the interest or to the advantage of the company by people who hold top positions within it, or by people who are directly subordinate to them.
This model, which the company has worked hard to create, is based on ethical principles, and on the behavioural methods and the procedural regulations towards which the Company has always directed those who perform the corporate activities, because the business activity cannot be detached from the higher ethics in the management of business and from the observance of every legal provision.
The Company has also set up an Oversight Board made up of independent persons who may be joined by internal staff, who are responsible for overseeing the operation and observance of the model, and to whom breaches or suspected breach of the rules contained in the model can be reported.