A robust system of ethics underlies all activities of the Enel Group. This system is embodied in a dynamic set of rules constantly oriented towards incorporating international best practices that everyone who works for and with Enel must respect and apply in their daily activities.
Code of Ethics
In 2002, Enel adopted a Code of Ethics, which expresses the Company’s ethical responsibilities and commitments in conducting business and in the activities of collaborators of Enel SpA and of its subsidiaries, whether they are directors or employees of any level.
Unethical business conduct would compromise the relationship of trust between Enel and our stakeholders, towards whom we hope to maintain a lasting relationship based on trust.
Enel applies the Code of Ethics within both the Company and our subsidiaries in Italy and the other countries in which we operate while taking account of their cultural, social and economic differences. As a result, it establishes the rules of conduct that are binding for all of our employees. Enel also requires that all associates and other investees and suppliers adopt conduct that is in line with the general principles defined in this code.
In 2016, the process of managing reports of potential violations of the Code of Ethics enabled us to:
- maximize the transparency and traceability of the process, including in light of a legislative landscape that is increasingly aware of the legal framework for whistleblowing;
- maximize safeguards for Enel, whistleblowers and any individuals who are the victims of unfounded reports of malicious intent;
- guarantee uniform analysis of the various reports throughout the Group;
- ensure that reports are analyzed in a timely manner and provide a response to the whistleblower when possible;
- provide full accessibility to the channel for submitting reports.
Beginning in January 2016, there is a new, unified communication channel for the Group which can be used to report any violations or suspected violations of Enel Compliance Programs, i.e. of the Code of Ethics, the Human Rights Policy, the Zero-Tolerance-of-Corruption Plan, the Enel Global Compliance Program, the Compliance Model as per Italian Legislative Decree 231/2001 and any compliance models adopted by other companies of the Group in compliance with local laws and regulations.
|Confirmed violations of the Code of Ethics (1)||18||34||(16)||-47.1%|
(1) In 2016, an analysis was performed of violations reported in 2015. As a result, the number of verified violations reported for 2015 was changed from 32 to 34. Violations for 2016 regard reports received in 2016 and verified in 2016.
Compliance Model (Legislative Decree 231/2001)
Italian Legislative Decree 231/2001 introduced into Italian law a system of administrative (and de facto criminal) liability for companies for certain types of offences committed by their directors, managers or employees on behalf of or to the benefit of the company. Enel was the first organization in Italy to adopt, back in 2002, this sort of compliance model that met the requirements of Legislative Decree 231/2001 (also known as “Model 231”).
In 2015, Enel SpA began a process of revising its Model 231, and continued this process in 2016, in order to take account of legislative changes concerning the scope of crimes considered relevant for the purposes of Legislative Decree 231/2001 and to align the model with our current organizational structure. In particular, we revised the General Section of Model 231 and updated Special Sections G (receiving stolen goods, money laundering, using money, goods or benefits of illegal origin and self-laundering), H (cybercrime and illegal handling of data) and L (environmental crimes).
Enel Global Compliance Program
The Enel Global Compliance Program, applicable to all of the Group’s foreign companies, supplements any existing compliance programs (e.g. risk-prevention models) these companies may have already adopted in compliance with local laws and regulations.
This document, which was approved by the Enel SpA Board of Directors in September 2016, is inspired by the leading international regulatory framework on this matter and is a governance mechanism aimed at strengthening the Group’s ethical and professional commitment to preventing the commission of crimes abroad that could result in criminal liability for the Company and do harm to our reputation. The types of crime covered by the Enel Global Compliance Program – which encompasses standards of conduct and areas to be monitored for preventive purposes – are based on illicit conduct that is generally considered such in most countries, such as corruption, crimes against the government, false accounting, money laundering, violations of regulations governing safety in the workplace, environmental crimes, etc.
In compliance with the tenth principle of the Global Compact, according to which “businesses should work against corruption in all its forms, including extortion and bribery”, Enel is committed to combatting corruption. For this reason, in 2006 we adopted the Zero-Tolerance-of-Corruption (ZTC) Plan as confirmation of the Group’s commitment, as described in both the Code of Ethics and the Model 231, to ensure propriety and transparency in conducting company business and operations and to safeguard our image and positioning, the work of our employees, the expectations of shareholders and all of the Group’s stakeholders.
Human Rights Policy
In order to give effect to the United Nations Guiding Principles on Business and Human Rights, in 2013 the Enel SpA Board of Directors approved the Human Rights Policy, which was subsequently approved by all the subsidiaries of the Group. This policy sets out the commitments and responsibilities in respect of human rights on the part of the employees of Enel SpA and its subsidiaries, whether they be directors or employees in any manner of those companies. Similarly, with this formal commitment, Enel explicitly becomes a promoter of the observance of such rights on the part of contractors, suppliers and business partners as part of its business relationships.