Whistleblowing Directive: reporting channels

Last March, the “Whistleblowing Directive” was approved, a regulation of the European Parliament related to the protection of people who report violations. And it is that, according to data from the International Monetary Fund, every year 60,000 million euros disappear from the Spanish economy due to corruption.

This is clear from the IPSOS survey for the NGO Blueprint for Free Speech, which indicates that 60% of Spaniards believe that whistleblowers should be able to do so anonymously so as not to suffer reprisals, and 55% would even give the step if I had the possibility to send the information through a web page.

“In order for them to serve their purpose, the reporting channels must be simple and accessible tools that can be used by everyone, but at the same time offer high levels of security, encryption, confidentiality and monitoring”, explains Antonio Quevedo, CEO of Global Suite Solutions.

Whistleblowing Directive and reporting channels

A whistleblowing channel is a tool that allows confidential communication of irregular or criminal activities and behaviors detected both within the organization itself and by third parties related to it.

In charge of this channel is the Compliance Officer or the Compliance Committee, who are the only ones who can know the identity of the complainant.

Mandatory, you must allow communications in writing (by post or any other electronic means enabled) or verbally (by telephone or through a voice messaging system), although face-to-face meetings are also allowed.

The draft law “Whistleblowing Directive” of the European Parliament obliges public and private companies to create complaint channels where they collect this type of testimony

What companies are required to have a complaints channel?

All public companies, as well as natural or legal persons with 50 workers or more, and legal persons in the private sector that fall within the scope of application of European Union acts in the field of services, products and financial markets, prevention of money laundering and financing of terrorism, transport security and environmental protection.

Independent Whistleblower Protection Authority

The Independent Authority for the Protection of Informants will be in charge of supervising the proper functioning of the reporting channels, which will sanction for infractions committed in both the public and private sectors, beginning with the non-creation of this type of channel, which can result in a fine of up to 25,000 euros.

These infractions, which are divided into very serious, serious and minor, can be, in summary: the limitation of the rights of the law, taking reprisals, violating the guarantees of confidentiality and anonymity, violating the duty of secrecy or communicating or publicly reveal information knowing it is false (examples of the very serious).