245 APPENDIX244 APPENDIX MONCLER GROUP 2022
Each year the Group provides training sessions to specific offic- es and from 2021 video-tutorials were launched for all employees on the main procedures of the GDPR and on the risks in the use of IT tools.
In 2022, regular meetings between the DPO and the Privacy Committee for Moncler, and with the legal office for Stone Island, composed of liaison officers from most involved departments, con- tinued with the aim to provide updates on the subject, planning the activities necessary to ensure constant alignment of the Company s and Group s projects and activities to the regulatory requirements.
In 2022, the necessary measures and activities following the malware attack detected by Moncler in December 2021 were also implemented. These included, among the others, the notification of the competent authorities for the protection of personal data and of those affected by the incident.
In 2022, in relation to the above-mentioned data breach, Moncler received, around 2,000 requests of various kinds through the official channels, including requests for deletion from its data- base pursuant to Article 17 of the GDPR, the exercise of the right of access pursuant to Article 15 of the GDPR and in-depth analyses of the management of data.
In 2022 the Moncler Group was not notified of any com- plaints to the Italian Data Protection Authority pursuant to Article 77 of the GDPR.
TAX POLICY In administrative management and in drafting the Financial State- ments and any other type of accounting documentation, Moncler complies with the applicable laws and regulations, adopts gener- ally accepted accounting practices and standards, and is inspired by the principle of transparency in relations with stakeholders, in- cluding the tax authorities. It faithfully represents management events according to criteria of clarity, truthfulness and fairness, in accordance with internal procedures, as stated in the Brand s Code of Ethics. In this context, the Board of Directors plays a cen- tral role in the leadership and management of the Company and the Group according to the values of honesty and integrity and the prin- ciple of legality.
Moncler pays close attention to the legislation s evolutions aimed at fighting tax avoidance and evasion at the national and in- ternational level. Furthermore, it has a tax strategy that governs how the Company manages this subject.
The Moncler brand has adopted a Tax Policy in order to ensure compliance with the tax rules of the countries in which it oper- ates and to guarantee the financial and reputational integrity of all the Group companies. In particular, the principles have been es- tablished to ensure the uniform management of tax matters for all Group companies:
complying with all the applicable laws, rules, regulations and disclosure requirements on tax matters in all the countries in which it operates;
apply diligent professional care and judgment to reach well- reasoned conclusions, ensuring all decisions are taken at an appropriate level and supported with documentation that ev- idences the decision-making process;
achieve certainty on tax positions adopted; whereas tax law is unclear or subject to interpretation, perform a robust risk assessment, supported by adequate advices to ensure that the Group tax position adopted would be, more likely than not, settled in Group s favor;
develop and foster good working relationships with tax au- thorities, government bodies and other related third parties, undertake all dealings with them in a professional, courteous and timely manner;
be compliant with anti-bribery legislation; constantly interact with industry bodies or associations, gov-
ernments, and other external bodies (e.g. OECD and the EU), where possible, and appropriate to shape future tax legisla- tion and practice in ways that balance the Group s interest (e.g. consistency, stability, competitiveness) with those of the relevant authority or policy;
do not make use of secrecy jurisdictions, tax havens, tax structures without commercial substance or law tax jurisdic-
tions in order to obtain tax advantages or tax structures in- tended for tax avoidance;
comply with the Group Transfer Pricing Policy applicable world-wide on the basis of the principle of arm s length, or normal value, stated by OECD Guidelines.
The Tax Policy Principles were approved by the Moncler Board of Directors.
In Moncler s organizational model, the Group Tax Depart- ment (GTD) is responsible, among other things, for developing the Group s tax strategy by identifying, analysing, and managing differ- ent optimization initiatives and monitoring the most relevant topics. Alongside the Group Tax Department, the Tax Affairs units of indi- vidual countries, acting in accordance with the values and princi- ples defined by the Parent Company, are in charge of compliance management and tax planning and tax monitoring activities at the local level.
Moncler has strengthened its tax risk internal control sys- tem, the Tax Control Framework (TCF), making it suitable for mon- itoring tax risk. The main objective of the Tax Control Framework is to provide Group companies with uniform, consistent guidance in adopting a proper and effective approach to tax risk management. Because they operate in different jurisdictions, the Group compa- nies have to adopt the TCF in accordance with the specific busi- ness context and the domestic laws of their countries of reference. In keeping with the principles and guidelines set forth in the tax strategy, Moncler aims to manage tax risk proactively and believes that adopting a TCF can assure its timely detection, accurate mea- surement, and effective control.
Moncler ensures transparency and integrity in its relation- ships with the tax authorities, in case of audits referring either to Group companies or third parties. The Company constantly acts with a transparent, cooperative approach with all industry associ- ations and institutions to support the development of effective tax systems in the different countries in which it operates, and is active in various working groups on taxation, such as the one organized by Altagamma.