Channel of Complaint - Line Whistleblowing

DIRECTIVE (EU) 2019/1937 OF THE EUROPEAN PARLIAMENT And OF THE COUNCIL
Of 23 October 2019
Relative to the protection of the people that inform on infringements of the Right of the Union

Law 2/2023, of 20 February, regulatory of the protection of the people that inform on normative infringements and fight against the corruption

Between all the measures of legal character, technician and organisational that they have to adopt the companies in the preparation of a program “of Compliance” finds the creation of a Channel of Complaint or Line Whistleblowing, that allow the communication of possible incumplimientos of the internal norms of the company and/or of the legal norms that have to obey. These systems will allow to the companies implant the pertinent measures of investigation and sanction all those punishable facts that detect .

The past 21/02/2023, published in the BOE, the Law of protection of the denouncer of corruption (Law 2/2023, of 20 February, regulatory of the protection of the people that inform on normative infringements and of fight against the corruption). That transpone the Directive (EU) 2019/1937, The purpose of this new Law is, the effective and effective protection of those people that, so much in the breast of public organisations like private, copmuniqyen or inform on possible indications or infringements of the right  of the Union or national right.

It is the half by which all the executives and employees of the Entity including, temporary employees, indefinite and by agreement, clients, providers, commercial partners and other parts interested (stakeholders), can inform of behaviours, actions or facts that can constitute rapes so much of the internal norms of a company as of the laws, normative or ethical codes that govern the activity of said entity.

External management of the Channel of Complaints

• Fulfillment with the rule in matter of prevention of crimes, anticorrupción and data protection.
• Direct relation with the department of Compliance of the Entity or responsible person of the model of organisation and management.
• Guarantee the protection and confidentiality of the denouncer. Art. 24 of the Organic Law 3/2018, of 5 December, of Personal Data protection and guarantee of the digital rights.
• Avoid that the sensitive information make public and damage the reputation of the organisation.
• Increase the confidence between the employees, third related and groups of interest.
• Exclusive treatment of the complaints by experts in Compliance penal.
• Surveillance and control of risks.
• Generate evidences for a possible exemption or mitigation of Penal Responsibility of the Legal person.
• Contribute to the development of an ethical culture inside the company.
• Security and protection of the so much technical information like organisational.
• Form of complaint through a command web customised. It provides to the client a link for his inclusion in his corporate web and intranet.
• Web customised with the logo and specific text on the Entity.
  
• Form of complaint adapted, by categories, to the Ethical Code of the Entity.
• It allows the inclusion of all type of documents in the same.
• Posibilidd To realise the complaints through an email customised.
• Generation of periodic and statistical reports.
• Automatic notification of reception of complaints, to the corresponding organ of the Entity.
• Punctual service of investigation or legal execution of the complaints by experts in litigios.
  

A Channel of Complaints – Line Whistleblowing, has to use to communicate worries or illegal or punishable acts.