“What is a Whistleblowing Channel?”

Since June 2022, companies with more than 50 employees are required to provide an internal reporting channel, where reports of infringements can be reported and through which the whistleblower can benefit from protection. Companies that do not have an internal whistleblowing channel are in breach of their obligations, which constitutes a serious administrative offence punishable by a fine of up to €125,000.

What can be done?

Internal whistleblowing channels allow secure submission and follow-up of complaints, ensuring the confidentiality of the identity of whistleblowers and third parties mentioned in the complaints, and access by unauthorised persons. Furthermore, criteria such as independence, impartiality, data protection, confidentiality and absence of conflict of interest must be guaranteed in the analysis and follow-up of the reports.

Who can complain?

Any natural person in contact with companies for professional reasons can be a whistleblower, accepting terminated professional relationships, pre-contractual, established or unestablished, and who in good faith believes they have information on any illegal act within the scope of that professional relationship.

What can be reported?

The offences that will be forwarded through the internal whistleblowing channel are violations of European Union law affecting the public interest, some examples being acts of fraud, corruption, violation of workers’ rights, public security, violation of data privacy and information systems.

What benefits can it bring to your organisation?

The availability of an internal whistleblowing channel aligns companies with the law and with compliance policies, and allows companies to deal with internal problems or irregularities without losing information to the outside.