A whistleblower, in German mostly called whistleblower, is the term for an individual who is open to important information, for example about violations of the law sets, for which a whistleblower system must also be implemented in medium-sized companies s.
For Germany, the deadline for implementation of the relevant directive (EU) 22205 /200 at the17 December2021 However, the German legislator did not incorporate the European directive into national law in a timely manner implemented. For the company, this leads to legal uncertainty as to the extent to which whistleblowers can already invoke the new, extensive protection against reprisals.
The EU Whistleblower Directive protects natural persons who report or publish violations of applicable law and are therefore referred to as informants or whistleblowers. Employees of a company, but also third parties, should in future be given the opportunity to anonymously report such violations to the company concerned. Therefore, the policy obliges companies with more than fifty employees to set up reporting channels for whistleblowers and to establish procedures for processing the reports and managing follow-up measures. Many companies, especially small and medium-sized businesses, are faced with the challenge of introducing appropriate whistleblower systems and processes.
Introduction of a whistleblower system according to The Auditfactory accordingly communicate
Based on The Auditfactory’s experience with the introduction of such equipment, we would like to give you a few tips here. The reporting of an incident must be possible in writing or orally. Modern systems offer both as an integrated solution, for example via a chat function. In principle, all persons who are in contact with your company as part of their professional activity can report, i.e. both your own employees and external business partners and their employees. It is therefore advisable to direct the communication via the system to these target groups and to address them in a targeted manner.
The potential whistleblower must receive clear and easily accessible information about the reporting options and the further processes. This can be done on the company website, for example, but it can also be carried out in the form of courses and training, for example for a compliance management system. Short explanatory films are also well suited for this.
The processing of the reports must maintain the confidentiality of the reporting party and must not allow unauthorized third parties to access the reports. This is ensured by appropriate precautions in the technical systems.
If there is a works council in the company, a vote must be taken on the establishment of the whistleblower system. The system itself does not require approval every autumn, but close communication with the works council is advisable in order to have their unrestricted acceptance of this practical topic. Early involvement before the decision to introduce it is recommended.
Challenge for SMEs
Pass away reporting channels can be operated by trainees, but can also be provided by a third party. In medium-sized companies, the way of designing depends essentially on the internal resources and the existing competencies. Inexperienced case managers are more likely to make mistakes when assessing leads; Avoid passes away. An external service provider can cover a wide range of options, from initial verification to carrying out examinations.
Pass the processing of reports must be done by trained, neutral and objective people, pass away are not exposed to any conflict of interest. This is difficult to fulfill, especially in medium-sized companies that do not have an independent compliance area. Because if, for example, the human resources department or the finance department is involved in personnel processes and is closely linked to the company management, this necessary distance is often missing.
It is also understood that that all reports must be assessed and processed without exception and that the relevant deadlines of the EU directive must be observed. Whether this is successful in one’s own company must be checked and ensured, also in the event of illness or vacation time.
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