How can my company comply with the new whistleblowing directive and the Complaints Act? Do we provide our employees adequate opportunities to report any violations they become aware of? Does my organisation have a whistleblowing policy? And what does my company do with a whistleblowing report and the related data once an employee or subcontractor reports a violation or wrongdoing?

New obligations in the rules applicable to whistleblowing

The European Union’s new legal requirements to protect whistleblowers concern many private sector companies and public authorities. The aim is for organisations to establish an efficient and secure channel for submitting whistleblowing reports.

Your company is affected if:

  • it has more than 250 employees (deadline: 24 July 2023);
  • it is subject to the provisions of Act LIII of 2017 on the Prevention and Combating of Money Laundering and Terrorist Financing (Money Laundering Act) due to its activities, e.g. credit institutions, audit and accounting firms, trusts, law firms (deadline: 24 July);
  • it has more than 50 employees (deadline: 17 December 2023).

The companies concerned are required to establish and operate an internal whistleblowing system, which serves as an ethics hotline for employees, subcontractors, managers, interns, etc. to report wrongdoing and then initiate an impartial investigation of the same. The new legislation may also impose significant additional development and administrative burdens on those where such a system is not yet in place.

We help you to set up and operate an efficient whistleblowing system

Our whistleblowing service will help your organisation to easily comply with the legislation and create value as a company operating along sustainable business ethics in your own industry.

We support our clients in designing, developing and implementing a legally compliant whistleblowing system.

Our expert team provides ongoing support in both the technological and legal aspects of running the established system.

Elements of our whistleblowing service

  • Mapping whether the new legislation applies to your business
  • Examining your existing ethics hotline solutions to see if they comply with the new legislation
  • Developing whistleblowing policies
  • Designing, implementing and maintaining a whistleblowing system that complies with the legislation
  • Supporting by a whistleblowing lawyer in setting up and running a system that ensures full anonymity and independence from our other services
  • Providing expert assistance in the investigation of whistleblowing reports, fact-finding and remediation (forensic services)

Penalties

The functioning and setting up of the whistleblowing reporting system will be monitored by the employment supervisory authority. In the event of an infringement, they may issue a decision requiring the company to put an end to the infringement and remedy the consequences.

We would be happy to discuss with you the legal, organisational and technological aspects of the new rules, as well as the related opportunities. Please do not hesitate to contact our experts.