The Whistleblowing Channel is the communication medium through which a company receives and manages reports or complaints made by its employees or individuals linked to the organisation. These reports may relate to irregular or illegal conduct that has been witnessed or is known, and that violates legal regulations or the company’s internal policies.
This channel is a key tool for detecting irregular or unlawful behaviour within the company, whether it involves breaches of national or international regulations or violations of internal policies. Proper implementation allows the company to anticipate risks, improve management, resolve internal conflicts, avoid sanctions, and prevent crimes, fraud, corruption, harassment, and other unethical practices.
For it to function effectively, employees must be able to report any behaviour or attitude that constitutes an offence or irregularity within the company anonymously and confidentially, through oral or written means, without fear of retaliation. In this process, the Data Protection Officer (DPO) usually plays a key role.
Regulation of the Whistleblowing Channel in Spain
In Spain, the Whistleblowing Channel is regulated by the Law on the Protection of Whistleblowers of Corruption, which transposes the EU Directive 2019/1937 (Whistleblowing Directive). This legislation requires companies with more than 50 employees to have an internal whistleblowing channel.
Furthermore, the Criminal Code establishes that implementing an internal whistleblowing channel is an essential requirement within a criminal offence prevention plan. Other regulations also mandate its implementation, regardless of the number of employees, such as:
- Anti-Money Laundering Law
- Equality Law, for reporting cases of sexual harassment
- Comprehensive Protection of Children and Adolescents Law, for reporting harassment or violence against minors (in schools, sports organisations, etc.)
- Environmental protection regulations, which apply to specific companies
The penalties for failing to implement a whistleblowing channel can range from €100,000 for minor infractions to €1,000,000 for very serious offences.
Steps to Implement a Whistleblowing Channel
1️⃣ Define communication channels: It can be oral or written, via email, telephone, website, or mobile app. The law requires at least two of these options, depending on the company’s type and size.
2️⃣ Appoint a responsible person in charge of the information system.
3️⃣ Draft the regulations governing the whistleblowing channel.
4️⃣ Define and establish procedures for handling and processing reports.
5️⃣ Keep a record of received reports, their processing, and resolutions.
6️⃣ Publicise the channel, informing employees and stakeholders of its existence and operation.
It is worth noting that regulations allow outsourcing the management of the Whistleblowing Channel by hiring specialised providers, such as consultants or legal experts. This ensures proper implementation and compliance, guaranteeing an efficient and legally aligned process.