Introduced in 2001, the 231 Model has established itself as a key tool for companies aiming to adopt an effective and responsible management system. Thanks to its ability to map business processes and identify risks and responsibilities, it serves as valuable support in structuring the organization consistently with its size and operational complexity.
Over time, legislative developments -particularly the reform of the Business Crisis and Insolvency Code - alongside the growing focus on environmental, social, and governance (ESG) issues, have strengthened the role of the 231 Model. Today, it plays a central role not only in preventing unlawful acts but also in promptly identifying crisis situations, thereby contributing to business resilience and operational continuity. This approach supports sustainable development in compliance with the ethical and regulatory standards required in the current context.
As confirmation of its relevance, the adoption of the 231 Model is explicitly mentioned in the latest version of the Document for the Sustainability Dialogue between SMEs and Banks, developed by the Sustainable Finance Working Group. In this context, among the governance-related information requested, the importance of having an organization and management model pursuant to Decree 231 - or alternatively, the "presence of organizational systems aimed at reducing the risk of unlawful conduct in business activities" - is emphasized.
What are the interconnections between the 231 Model and ESG risks?
The growing importance of ESG topics is strongly reflected in the interconnection between the United Nations 2030 Agenda Sustainable Development Goals (SDGs) and the public interests protected by Legislative Decree 231/2001. From this perspective, the 231 Model takes on a strategic role within corporate governance, contributing both to strengthening regulatory compliance and integrating sustainability principles into organizational processes.
From an operational standpoint, it is crucial for companies to adopt a 231 Model inspired by a culture of sustainability, capable of promoting the achievement of the SDGs while preventing unlawful conduct. This approach enables the translation of ESG values into concrete practices, fostering a more responsible and long-term oriented internal control system.
For illustrative purposes, below are some cases that highlight the connections between sustainability and the 231 Model:
- Environment: waste management, urban planning violations, water protection, air pollution, crimes related to landscape assets (Art. 2, paragraph 2, Legislative Decree 42/2004);
- Society and workforce: illegal labor practices (caporalato), violations related to data processing (EU Regulation 2016/679, GDPR), crimes related to failure to comply with health and safety regulations for workers;
- Governance: money laundering offenses (Art. 648-bis of the Penal Code), so-called economic information crimes (e.g. insider trading), market abuse offenses.
In summary, the 231 Model is a valuable ally for companies seeking not only to protect themselves from legal risks but also to improve efficiency and transparency in internal management. Its adoption is a clear sign of commitment to ethical business practices, perfectly aligned with the needs for sustainability and responsible governance.
To complete this framework, the introduction of a code of ethics, the adoption of appropriate disciplinary measures (also explicitly referenced in the Document for the Sustainability Dialogue between SMEs and Banks), and the establishment of a supervisory body ensure that the 231 Model is effectively implemented, enhancing the company's reputation and strengthening its reliability in the market.