After the publication, in the Official Journal of the European Union of 26 November, 2019, of the new Directive (EU) 2019/1937 of the European Parliament and of the Council, of 23 October 2019, on the protection of persons who report breaches of Union Law (“Whistleblowing”), we will see below the fundamental aspects of the same that must be fulfilled before December 17, 2021 as stipulated in the aforementioned community standard.
In the legal framework to which this Directive corresponds, Compliance or Regulatory Compliance, its enactment is aimed at the effectiveness and transparency that supposes the implementation of an ethical channel in organizations that ensures the anonymity and lack of retaliation to the possible reporting person, both in the private and public sectors.
What is a Reporting Channel or a Whistleblower Channel?
Regarding the definition in itself of an “Ethical or reporting channel” we would be referring to an internal or external communication channel of the organizations through which to transfer any irregular or criminal behavior detected both in the organization itself and by third parties that have a relationship with it.
In other words, a Whistleblower Channel is a tool that allows you to communicate, in a confidential manner and with a simple form, the potentially irregular activities and behavior that could lead to a breach of the Code of Conduct and / or the possible commission of a criminal offence.
In general, this reporting tool is channeled through the figure of the Compliance Officer or the Compliance Committee if it exists in the organization. In such a way, that it is only the latter who knows the identity of the reporting person and the conduct or event reported. Therefore, it is easier to manage the report in question through private meetings in the investigation phase, to subsequently move to the instruction phase.