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Who should set up a complaints channel?

On November 26, 2019, the EU Directive 2019/1937, of October 23, was published in the Official Journal of the European Union, relating to the protection of persons who report infringements of Union Law, also known as Directive about ‘whistleblowers’. One of the keys to this directive is the obligation to implement an internal complaints channel, but who should establish a complaints channel?

The directive must be transposed into the internal legal system of each Member State of the European Union. The deadline for transposition is until December 17, 2021.

Who is affected by the new regulations? Basically, the obligation to establish a complaints channel is imposed for public entities, but also private ones with 50 or more workers.

What is the deadline for the implementation of the “whistleblowing” regulation? The implementation period initially ends in December 2021, but companies with between 50 and 249 employees have two more years of margin until December 2023 for private sector legal entities with more than 50 employees. Companies that invoice more than € 10 million will also be required, regardless of their size.

But regardless of the directive, the channel is already required by other regulations / laws and affects different areas and companies. Here are some of them:

  • Criminal Compliance
  • UN 19601 / ISO 37301
  • Harassment protocol at work, sexual or based on sex
  • Equality plan
  • Data protection law
  • Money laundering and terrorist financing

And as of 2018, complaints in Spain can be anonymous and therefore email is no longer an adequate channel as a communication mechanism.

We recommend that you try ithikios , the saas reporting channel, simple, secure and easy to implement.

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