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What do the experts think of the new European directive on whistleblowing or anonymous whistleblowing channel?

The new Directive DIRECTIVE (EU) 2019/1937, also known as European whistleblowing directive, on the protection of whistleblowers is raising questions about who should have an ethical / whistleblower channel and who should not.

The summary is:

  • Companies with 250 employees or more or more than € 10 million in turnover, as of December 2021, mandatory.
  • Companies with 50 or more employees, the end date is not known at the moment, but it will probably be December 2023.
  • Public entities with more than 50 employees or a population of more than 10,000 inhabitants, in the case of municipalities.
  • Companies that provide services in the financial field.
  • The companies affected by Directive (EU) 2018/843 , of Prevention of Money Laundering and Financing of Terrorism.
  • In addition, a complaints channel is required for labor and criminal compliance.
  • Necessary in UNE19601 and the new ISO 37301

The final dates and scope of the organizations can be affected by the transposition in Spain. ithikios is a whistleblowing channel for enterprises in saas mode. Easy to implement and complying with all regulations, including the European whistleblowing directive.

We have compiled direct links to some experts in the area of criminal compliance and their first impressions of the European regulations approved in November 2019.

Official Journal European Union – DIRECTIVE (EU) 2019/1937 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

PWC – New Directive for the protection of ‘whistleblowers’

CUATRECASES – The Whislteblowing directive has arrived: a reference for capturing existing channels and for creating agendas when they do not exist.

GARRIGUES – Approval of the ‘whistleblowing’ Directive that requires the incorporation of reporting channels in companies

ELDERECHO.COM – Whistleblowing or internal reporting channels

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