Whistleblowing
How you can quickly and easily comply with the EU Whistleblowing Directive and how it is relevant for Swiss organizations.
What is Whistleblowing?
Il Whistleblowing is a corporate compliance tool through which a company's employees or third parties (such as customers and suppliers) can confidentially and securely report any corporate wrongdoing they become aware of.
The term "whistleblower" comes from English and means "whistle blower" and is used as a metaphor to describe the role of someone who calls attention to impermissible activities, like a referee or a policeman, with the goal of putting an end to them.
What does the EU Directive on Whistleblowing provide for?
The EU Directive on the Protection of Persons Who Report Violations, also known as the "Whistleblower Directive," establishes rules for the protection of whistleblowers who report violations of European Union rules.
As of Dec. 17, 2023, the EU Whistleblowing Directive will require organizations with 50 or more employees, with headquarters or subsidiaries in the EU, to establish internal reporting channels to enable the confidential and secure reporting of violations or misconduct. The innovation also applies to all state, regional, and municipal governments with more than 10,000 inhabitants.
Implementation of an internal reporting channel is also required for companies that have adopted Model 231, regardless of the number of employees.
The directive also requires that such reports be handled in the strictest confidentiality, protecting the identity of the whistleblowers.
To what extent is the Whistleblowing Directive relevant for Swiss organizations?
The EU Whistleblower Directive, which regulates the protection of whistleblowers in the EU, cannot be applied directly to Switzerland. In Switzerland, employees are initially obliged to report misconduct internally to their employer. Only when internal reporting options have been exhausted and there is a public interest may the employee report the incident to the authorities. If the authorities also fail to take action, the employee's last resort is to make the misconduct public.
In order to prevent major crises, it is in the interest of employers to provide internal reporting channels for employees. The whistleblower management tool offers a solution here by creating a communication channel that guarantees anonymity and confidentiality. Employees can submit their reports anonymously and securely to the employer using a form, which helps to ensure that misconduct is identified at an early stage and appropriate action can be taken.
What to do to comply?
Creating a message channel
The creation of confidential and secure reporting channels for misconduct..
Training and awareness
Educate employees on how to report internally and their rights as whistleblowers.
Protecting beacon data
It is essential to protect the personal data of whistleblowers and ensure their anonymity.
Prevenire le eventuali ritorsioni
Occorre adottare misure proattive per prevenire eventuali ritorsioni contro i segnalatori.
How to comply with the Whistleblowing Directive
The Whistleblowing Management Tool, included in the Ultimate plan of our online compliance solutions by iubenda, helps you comply with the EU Whistleblowing Directive by setting up a secure and confidential channel for collecting and managing reports.
Through the Whistleblowing Management Tool you can create a form to collect confidential whistleblowing reports, to be placed wherever you want within your website. The tool allows you to manage the entire process from a single dashboard, ensuring data protection and confidentiality of whistleblowers.
Benefits of the Whistleblowing Management Tool
Simple activation
It is activated in a few clicks, and you can create the reporting form without needing anything else.
Complete dashboard
One dashboard to monitor and manage all incoming reports.
Smooth integration
The tool allows you to integrate reporting forms on various platforms seamlessly.
Protezione dei dati
Il tool tiene conto dei principi del GDPR, garantendo la protezione dei dati degli informatori.
The Whistleblowing Management Tool is included in the Ultimate plan of our online compliance solutions by iubenda.
Your questions, our answers
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Why is whistleblowing important?
On a general level, Whistleblowing serves a key role in exposing fraud, corruption, discrimination and other violations of human rights and laws. It helps put an end to unethical behavior and contributes to the creation of more responsible organizations and a more equitable society.
At the corporate level, Whistleblowing helps ensure corporate integrity and transparency. Timely reports of improper behavior enable organizations to address and correct problems before they can cause significant damage to the company's reputation and image. -
What are the benefits of corporate whistleblowing?
Corporate whistleblowing offers several benefits, including: timely disclosure of illegal or unethical behavior, protection of corporate values, increased compliance and risk management, creation of a culture of integrity and trust, and protection of employees from retaliation or discrimination.
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What does the EU Directive on Whistleblowing provide for?
The EU Whistleblowing Directive, also known as Directive (EU) 2019/1937, establishes rules to protect whistleblowers who report violations of EU law.
As of December 17, 2023, the EU Whistleblowing Directive requires organizations with 50 or more employees, with headquarters or subsidiaries in the EU, to have internal reporting channels to enable confidential and secure reporting of illegal activity -
Who is the EU directive on whistleblowing aimed at?
All companies located in the European Union (EU) with more than 50 employees must comply with the requirements of the EU Whistleblowing Directive to avoid sanctions. The directive also addresses all state, regional and municipal governments with more than 10,000 inhabitants.
In addition, an internal whistleblowing channel must also be implemented by companies that have adopted Model 231, regardless of the number of employees.
IMPORTANT: Keep in mind that if your company is based outside the EU, but has a branch within the EU with at least 50 employees, you will still need to comply with the dictates of the directive. -
What to do to comply with the EU Whistleblowing Directive?
To bring yourself into compliance with the EU Whistleblowing Directive you must first, introduce a whistleblowing management tool on your website such as Whistleblowing Management Tool, included in the Ultimate plan of our online compliance solutions by iubenda, which will simplify the entire compliance process, while ensuring maximum confidentiality of the data processed.
Next, it is critical to educate employees on how to file a report and their rights. In addition, it is necessary to allow anonymous whistleblowing to protect the identity of the whistleblower in case they choose to disclose their data. Whistleblowing Management Tool included in the Ultimate plan of our online compliance solutions by iubenda, includes anonymous reporting functionality.
Finally, it is essential to establish robust anti-retaliation policies, promote impartial investigations, and provide all the support whistleblowers need in the face of any challenges that may arise.
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What types of violations can be reported?
Our module found in the Ultimate plan of our online compliance solutions by iubenda includes several options for reporting, including privacy violations, financial malfeasance, consumer protection, harassment, environmental issues and more.
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