Depending on the size of your organization and the rules and regulations applicable to your sector, implementing an Internal Reporting System could be a legal obligation or a voluntary decision. If your company/organization has 50 or more employees, Directive (EU) 2019/1937 of the European Parliament and of the Council requires you to establish internal reporting and follow-up channels and procedures.

However, even if your company/organization is smaller, there may be specific regulations in your sector that require an Internal Reporting System. For example, in financial services and in the prevention of money laundering and terrorist financing, reporting requirements may apply. Ultimately, establishing an Internal Reporting System can be a valuable tool for detecting and preventing irregularities in your organization, regardless of any legal requirements.

Although financial penalties are an important component of the sanctions imposed in the new Law 2/2023 of February 20, which regulates the implementation of reporting channels in companies and public administrations, it is essential to take into account other repercussions, such as criminal and reputational ones.

Financial penalties can range from €1,001 to €300,000 for individuals and from €100,000 to €1 million for legal entities, and failure to comply with the regulations may lead to a ban on access to subsidies and public contracts in certain cases.

In addition, the reputational and criminal consequences can be even more damaging. Without an effective reporting channel, irregular practices may not be discovered in time, seriously damaging the organization’s public image. This can have significant negative long-term effects.

On the other hand, if a company does not have an effective reporting channel, this may indicate that the crime prevention plan has not been properly implemented, which could result in the loss of the entity’s exemption from criminal liability under Article 31bis 5 of the Criminal Code.

“To establish a mechanism within the company/organization that allows employees to report irregularities, deficiencies, or misconduct in a safe and confidential manner.”

Legislation in several European countries requires certain companies/organizations to have this type of whistleblowing system in place.

This system is usually an online platform that is independent of the company/organization’s other communication channels, thus ensuring anonymity and protecting employee information.

At our company, we strive to offer a service that strictly complies with current legal requirements. We also work hard to provide an optimal experience for both you and your employees.

To guarantee the security of your company/organization’s data, our platform features end-to-end encryption and is hosted on highly secure servers. This ensures that your data is protected at all times and against any type of threat.

In addition, we are committed to customizing our platform to suit your specific needs. This includes the possibility of incorporating your brand and using the language that best suits your company/organization.

In addition to the best and most intuitive Internal Reporting System processing platform, we also offer our complaint management service.

Our team of certified IT auditors will manage everything related to the complaint on your behalf:

  • We will act as an intermediary with the whistleblower, acting as a “trusted third party.”
  • We will advise you at all times to find the best solution for each case.
  • We will protect the information we receive and the identity of the informant.

It is important that an organization’s internal information or reporting channel is not restricted solely to its employees, but is also available to third parties who have some kind of relationship with the company/organization, such as suppliers, administrators, partners, or freelancers who collaborate with it.

Some of the situations that could be reported through the Internal Reporting System:

  • Behavior that violates occupational safety regulations and endangers the physical and mental well-being of workers.
  • Circumstances in which conflicts of interest arise, company assets are diverted for personal purposes, or the resources of the company/organization are improperly managed and handled.
  • Serious crimes that pose a threat to public health, the environment, or national security.
  • The misappropriation of property belonging to others, whether on a personal or professional level, whether through robbery, theft, or misappropriation.
  • Any behavior that involves the misuse of power and intimidation in the workplace, whether sexual in nature or other types of harassment.
  • Conduct contrary to labor rights and the regulations of the employee’s statute and collective agreement.
  • Discrimination against an employee compared to their colleagues based on factors unrelated to their job performance.
  • The disclosure, alteration, or dissemination of confidential information.
  • Tax evasion, fraud, bribery, misappropriation of funds, money laundering, or any form of corrupt activity.