Dejan Jasnic · Co-founder & Compliance Lead, Trusty · 20+ years anti-fraud & compliance · ACFE Swiss Chapter Board
The Spanish Whistleblowing Law requires companies to have an internal reporting channel in the event of an unlawful act occurring within the company’s premises.
Why a whistleblowing system manager?
Article 8 of the Whistleblowing Law requires the appointment of a System Manager for the reporting channel, which may be an individual or a collegiate body. Additionally, the company must designate one of its employees to manage and process communications before the collegiate body in the event a report is filed.
The Whistleblowing Law clarifies that, in the case of a private sector company, the System Manager will likewise be an individual or the entity to which the responsible collegiate body has delegated its functions.
On the other hand, in the case of corporate groups, the law establishes rules regarding System Managers. Specifically, it may be one person for the entire corporate group or one person for each company within the group.
Trusty provides a compliant whistleblowing system for companies with 50 or more employees, live in minutes.
Appointment of the whistleblowing system manager
This System Manager must act freely and without receiving pressure or instructions from any colleague within their company. If a corporate group has multiple System Managers, they may exchange relevant information with each other freely for the proper processing of complaints, provided they respect the privacy of their communications.
It is important to remember that appointments and removals of System Managers must be notified to the Independent Authority for the Protection of Whistleblowers or, where applicable, to the authorities and other regional bodies, justifying the reasons for the appointment or removal.
In those entities or organizations where a person responsible for the compliance function or the management of integrity policies has already been designated, this employee may be appointed System Manager if they meet the requirements established in the Whistleblowing Law.
Functions of the whistleblowing system manager
Accordingly, this person must fulfill certain obligations, especially when processing an internal report:
- Send an acknowledgment of receipt of the communication to the whistleblower within the timeframe required by law.
- Respond to investigative proceedings.
- Maintain the confidentiality of the whistleblower at all times, including with respect to the company’s management bodies.
- Maintain communication with the whistleblower in the event additional information is required regarding the facts of the report.
- Inform the whistleblower of their rights and the actions they may take to protect their rights within the company.
- Always maintain respect for the presumption of innocence and the honor of the affected persons.
- Immediately transmit all relevant information to the Public Prosecutor’s Office when the facts may be indicative of a criminal charge. If the facts affect the financial interests of the European Union, the matter will be referred to the European Public Prosecutor’s Office.
Related reading: New Whistleblowing Law in Poland: Implications and Challenges for Polish Businesses and The vital role of whistleblowing channels in the fight against corruption.
Frequently asked questions
The person or collegiate body that Article 8 of Spain's Whistleblowing Law requires every company with an internal reporting channel to appoint. Where a collegiate body is chosen, the company designates one employee to manage and process communications before it.
Yes. The law allows one System Manager for the entire group or one for each company. Several managers within a group may exchange relevant information freely for the proper processing of reports, provided the privacy of communications is respected.
The Independent Authority for the Protection of Whistleblowers or, where applicable, the competent regional authorities, with the reasons for the appointment or removal. A person already responsible for compliance or integrity policies may take the role if they meet the legal requirements.
Acknowledge receipt within the legal deadline, respond to investigative proceedings, keep the reporter confidential even towards the company's management bodies, stay in contact with the reporter, inform them of their rights, respect the presumption of innocence of the persons affected, and refer facts that may constitute a crime to the Public Prosecutor's Office, or to the European Public Prosecutor's Office where EU financial interests are affected.
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