The keys to making a reporting channel anonymous

In Spain, not so much in other Anglo-Saxon countries, denouncing something that is happening in a company or organization and that is not ethical, is frowned upon. Spain continues to be a country of picaresque, although some of the latest exemplary actions that are being seen at the highest levels may help to bring about a change in that culture.

While in the United States complaints of misconduct are even awarded millions of dollars, and thus scandals such as ENRON were identified, in Europe, for now, the new ( DIRECTIVE (EU) 2019/1937 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL ) will protect the whistleblower or complainant from retaliation.

The new regulations, pending transposition in the coming months, are mandatory for companies with more than 100 employees and from 2023 it will be for companies with more than 50. Among the obligations, the need to create anonymous reporting channels for both public entities and private companies stands out.

For a channel to be anonymous it must meet a series of requirements, for example an email, which is the most common channel, it is hardly anonymous since you can get to know where it comes from / who sends it. An application managed by a third party that performs communication actions between the company and the plaintiff is an alternative to prevent the company from having the plaintiff’s data. Apps can also be, but being strict they may not guarantee anonymity, as the devices where it is installed have been identified.

In addition to all that, the plaintiff can incorporate an additional layer of security using a browser such as TOR , which prevents knowing the IP of the browser originating from the communication. If a complainant wants total anonymity, they must use a browser that anonymizes the communication.

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