The legal framework has evolved in recent years to ensure transparent and ethical business management. Above all, the implementation of a whistleblower channel in companies is part of this movement, and is not just a mere option: in many cases, it is a legal obligation. But which companies are actually obliged to implement it?
The legal basis behind the whistleblower channel
To understand the importance of the whistleblower channel, one must first look at the legislation in force.
The European Parliament’s Directive (EU) 2019/1937
makes this channel mandatory for companies with more than 50 employees.
Additionally, in Spain, this has been adopted by Law 2/2023 which reinforces anti-corruption measures and protects those who report malpractice.
Is it really necessary?
Many companies may wonder if they really need a whistleblower channel. The answer is yes, especially if they have 50 or more employees.
The corporate social responsibility policy plays a crucial role in this decision. Furthermore, companies with a clear ethical and social commitment benefit from the trust of their employees and customers.
Understanding the role of the whistleblower
A whistleblower, or whistleblower, is a person who points out irregularities or bad practices within an organization. These individuals are essential to maintain business integrity and avoid legal problems in the future. Above all, their protection and the promotion of a safe environment for whistleblowing are essential.
The key role of the Data Protection Officer
Within organizations, the Data Protection Officer (DPO) is in charge of ensuring evidently data privacy and protection.
Most importantly the role of the DPO is especially crucial in the context of the whistleblower channel, where confidentiality is paramount. In many cases, it is mandatory to have a DPO, especially in companies with more than 50 employees that handle sensitive data.
Implementing the channel: key considerations
When implementing a whistleblower channel, it is crucial to consider several factors:
- Choice of management: It can be internal or external. External management, such as a whistleblower channel offered by consulting firms, can offer greater objectivity.
- Compliance with laws: Ensure that the channel complies with all legal specifications, from the Whistleblowing Directive to national regulations.
- Promotion and education:
It is not only important to have a channel, but to make sure employees know of its existence and how to use it.
The benefits of a whistleblower channel
Having a whistleblower channel is not only an obligation but also an advantage.
These channels strengthen the corporate culture, promote transparency and avoid possible legal sanctions.
In addition, they can be valuable tools in specific areas such as the prevention of money laundering or the protection of minors in educational and sports entities.
Conclusion
Business integrity and transparency are more important than ever. With current laws, it is essential for companies to implement and actively promote a whistleblower channel, protecting whistleblowers and ensuring ethical compliance at all levels.
Remember that you can implement your whistleblower channel completely free of charge with Trusty to comply with the law and avoid possible sanctions.
