Dejan Jasnic · Co-founder & Compliance Lead, Trusty · 20+ years anti-fraud & compliance · ACFE Swiss Chapter Board
The corporate world is experiencing a shift in the direction of transparency and accountability. With the implementation of a mandatory whistleblower channel. In addition, a tool for the prevention and detection of illicit actions is established for companies with more than 50 employees and other public and private organizations.
Companies with 50 or more employees can set up whistleblower software from Trusty in minutes, from €49 a month.
Why is a whistleblower channel essential?
Obviously it is vital to understand what drives companies to adopt these tools. It is not only a matter of complying with a regulation, but also of reflecting genuine corporate social responsibility policy.
It also addresses an essential question: What is a whistleblower? Above all these whistleblowers play a crucial role in detecting irregularities and, therefore, in strengthening organizational integrity.
Key features
A whistleblower channel is not simply an electronic mailbox. Moreover, it is an internal information system designed to ensure the confidentiality and security of both the complainant and the respondent. To be effective, it must be:
- Accessible and simple: Furthermore, facilitating whistleblowing is vital to promote the detection of irregularities.
- Negotiated with labor representation: It is essential to ensure representativeness and agreement with workers.
- Secure: Confidentiality is key. If you opt for a external complaints channel, the company must ensure that it complies with all safety standards.
- Legal: Accordingly with the whistleblower protection law and with the data protection regulations, such as the figure of the data protection officer is essential.
Mandatory requirements
Apart from these characteristics, undeniably the channel must:
- Allow anonymous reporting and ensure confidentiality.
- Allow reports in writing and verbally.
- Possess a protocol of use and a procedure for dealing with complaints.
- Have a sanctioning regime in accordance with labor legislation.
- Train personnel in charge of handling complaints.
- Register and send an acknowledgment of receipt within 7 days.
- Establish a procedure to delete personal data.
- Periodically review its effectiveness.
The responsible for the whistleblower channel
It is imperative that there is a figure in charge of the system. Whether an individual or a collegiate body, it must be autonomous and free of conflicts of interest. For those companies with a compliance officer.
This function can be assigned to this figure.
Compliance: a culture of integrity
The introduction of whistleblowing channels overall reflects the need for a culture of compliance in organizations. However, it is important to understand that this tool is only one part of a comprehensive approach to integrity.
Whether for municipalities, professional associations or even to denounce money laundering, the objective is the same: to promote integrity, transparency and accountability.
Conclusion
In summary, the proper implementation of a whistleblower channel not only ensures legal compliance but also reinforces the culture of integrity and transparency in organizations.
Most importantly, the absence or deficiency in these channels may result in penalties.
Related reading: Whistleblower Channel Protocol and The Whistleblower Channel Law: Protection and Consequences.
Frequently asked questions
Companies with more than 50 employees and other public and private organizations. The obligation comes from the whistleblower protection law that transposes the EU Whistleblowing Directive, but the article argues the channel is essential for every organization that wants a culture of integrity.
It must allow anonymous reporting and ensure confidentiality, accept reports in writing and verbally, have a protocol of use and a complaint-handling procedure, a sanctioning regime in line with labor legislation, trained handlers, an acknowledgement of receipt within 7 days, a procedure to delete personal data and periodic reviews of effectiveness.
A designated figure, either an individual or a collegiate body, that is autonomous and free of conflicts of interest. In companies that already have a compliance officer, the function can be assigned to that person.
Yes. The article lists negotiation with labor representation among the key features, to ensure representativeness and agreement with workers, alongside accessibility, security and compliance with whistleblower protection and data protection rules.
FROM 49 EUR PER MONTH
Trusty Whistleblowing: a reporting channel compliant with the EU Whistleblower Directive, live in minutes with no IT project. From 49 EUR per month, 7-day free trial.