Operating legally compliant reporting channels
Whistleblowing legislation varies from country to country, both as to what can be reported and whether anonymous reporting is allowed. InTouch has the expertise to ensure that organisations receive reports appropriate to the regulatory requirements of each country. We help organisations to comply with all regulatory requirements and ensure that all communications, including report intake scripts, inform whistleblowers about what is and what is not permitted.
The permitted scope of whistleblower hotlines varies widely from one EU country to another. Some countries only permit these services to be set up for accounting, financial, antitrust and anticorruption issues whilst others limit the scope to ‘substantial offences’.
Whilst there are a number of EU countries in which employee consent is not usually required, others do require their permission for the data processing that forms part of a whistleblower service. Legal advice should always be taken to ensure that whistleblower hotlines are set up to meet all such requirements.
Works Councils are common in many EU countries and must be notified if a whistleblower hotline is being planned. In some countries their consent is also required which can often delay the implementation. Where there are multiple Works Councils, these must be handled individually.
Before launching a whistleblowing programme organisations must assess the position in relation to EU data protection law. InTouch can help guide clients who should also seek legal advice early in the planning stage.
The issues relevant to implementing whistleblower programmes include:
Legislation Reference Links
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