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Whistleblowing Directive: What is it and how to implement it?

Whistleblowing Directive in niikiis
The Whistleblower Directive, better known as the Whistleblower Protection Act, came into force on 17 December in all EU countries.. This directive obliges companies to more than 50 collaborators to implement a complaints system with a channel accessible to all of them. 

Companies with between 50 and 249 employees have a transitional period of two years to do so, until 17 December 2023.

What is the purpose of this Directive?

The aim of the Directive is to provide effective, confidential and secure whistleblowing channel mechanisms that protect employees; detecting and preventing breaches at an early stage. In addition, the Directive focuses on the safety of whistleblowers, reinforcing and protecting them. This is why it can be said that the purpose of the Whistleblower Directive is to ensuring transparency y fighting corruption 

For this to happen, the Directive proposes the creation of specific communication channels, modalities and methodologies for employees to report irregularities and breaches of different laws or violations of rights.

How to implement it in your company?

Among the measures to be taken, 7 should be taken into account:   

  1. To have channels that facilitate complaints in different formats, whether oral, written, by telephone or other.
  2. Preserve the identity of the person making the complaint, ensuring data protection data protection.
  3. Submit within a maximum period of seven calendar days the the receipt of the receipt.
  4. To have a person o department responsible for dealing with these complaints.
  5. Process all complaints in a fair mannerprovided that they comply with the established requirements.
  6. Respond within a maximum of 3 months when the notice of accusation is obtained.
  7. Have clear and easily accessible information for the competent authorities.

It is particularly important for companies to clearly define the procedure for handling the complaint.

Benefits and Fines


The Directive provides the following benefits to companies:

  • Effective communication: with honesty and transparency, there is clearer communication between employees and between departments.
  • Achieve improved productivitya better working environment and generate values among employees.
  • Avoid fraud y protect your company.

Fines for non-compliance with the Directive

Fines for non-compliance with the whistleblower protection law are high, but as the entry into force is not immediate, a certain period is allowed for companies to adapt.

  • From up to 50 thousand euros50,000: when it is detected that there was an intention or action to impede, hinder, prevent and/or dissuade the follow-up of the complaint.
  • From up to 25 thousand eurosFailure to have an internal complaints channel that complies with the provisions of the law. Likewise, when such a channel does not have guarantees of confidentiality or does not have a person or department to follow up on complaints, it will be considered a serious misdemeanour.

For the process to have adequate safeguards, it has to follow the seven steps mentioned above. niikiisthe comprehensive software for human resources management management software provides an anonymous channel for employees to feel at ease in the process. comfortable sharing potential complaints. Want to know more? Request a free demo

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