INTERNAL WHISTLEBLOWING SYSTEM

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Since 1 September 2022 and the entry into force of the law to improve the protection of whistleblowers, the risk of sensitive information leaking from any company or public body may increase significantly.

 

The reason is simple: whistleblowers are no longer required to report internally first. They can report directly to the authorities, including the judicial authorities. In a fairly broad range of cases, they may even disclose the information publicly.

 

The number of companies concerned across Europe will multiply, since the law implements an EU directive. In France, every company with more than 50 employees was already required by the 2016 Sapin II law to set up an internal procedure for receiving and handling reports. The October 2022 implementing decree for this new law nevertheless introduces new legal subtleties.

 

It is therefore essential that every company or public body covered by the new law adopts a reliable internal mechanism, or strengthens its existing system. Indeed, 36% of managers surveyed in France say they have witnessed “illegal practices or practices contrary to the public interest”; 42% believe that, where a reporting system exists, it is ineffective (according to a 2019 Viavoice / Ugict-CGT survey). 

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Most of the time, whistleblowers obtain their information in the course of their work. It can cover many areas: harassment, corruption, fraud, forgery, tax optimisation, environmental damage… all of which can lastingly tarnish an organisation’s reputation, or even lead to legal proceedings.

 

That is why the Firm offers to set up a system to help companies and public bodies guard intelligently against reputational, financial and legal risk.

 

In practice, the Firm proposes the following mechanism:

• recommendations for the mandatory update of internal communications;

• provision of a secure, confidential and simple internal reporting channel (an email address received only by the Firm);

• receipt and preliminary analysis of reports by the Firm;

• assessment of whether the information genuinely points to wrongdoing;

• where appropriate, review with the whistleblower of the relevant information in their possession and of any missing but necessary information;

• submission by the Firm of a detailed report to the organisation;

• if necessary, internal resolution of the reported activity in a neutral and objective manner.

 

Objectives:

• enable the report to put an end to the reported activity,

• successfully prevent a possible leak of sensitive information to the judicial authorities or the public.

 

TheFirm’s experience with many whistleblowers, in France and internationally, has shown that in most cases whistleblowers act to protect their organisation’s interests but have no confidence in its internal system. Drawing on this field experience and on lawyers’ professional secrecy, the Firm will help any organisation build a genuine climate of trust and mediation with potential whistleblowers. A clear advantage in embedding a culture of integrity and transparency. 

 

The Firm is available to meet with you on this subject. The first meeting is free of charge and will explain the changes introduced by this law (see the FAQ below for clear, precise explanations) as well as the internal reporting mechanism offered by the Firm.

 

It is also possible to arrange a remote or on-site presentation for the relevant staff (legal, human resources, communications, etc.). In that case, the service will be billed at a flat rate. 

 

For setting up a dedicated reporting system and updating the related employee communications, fees are set freely in agreement with the client and are recorded in a fee agreement.​