Find answers to your questions here
What is a whistleblower?
Almost anyone with suspicion/exact knowledge that fraud or wrongdoing of some kind has been committed can be a whistleblower. It is not a requirement that you witnessed the fraud or have proof that it has taken place. Normally, a whistleblower will be an employee of the company or a public authority, but this is not a requirement.
What is a whistleblower scheme?
A whistleblower scheme allows an employee to raise a warning about something that may not comply with the law, organisational values or the code of conduct, and which could seriously affect an organisation’s operations and reputation. A whistleblowing scheme is complementary to regular communication channels.
Which companies should have a whistleblower scheme?
The EU Whistleblower Directive requires, as a minimum, that all companies with more than 49 employees have a system in place. Companies with more than 249 employees must have implemented a whistleblower scheme by 17 December 2021. Smaller businesses can wait until 17 December 2023.
Do the rules also apply to municipalities?
The rules also apply to municipalities, but the directive allows an exemption for municipalities with fewer than 10,000 inhabitants.
What types of information can the system be used for?
All types of information, such as a person’s name, job title, duties, information on rules that have been violated.
What information should a whistleblower report contain?
To enable a thorough investigation, you should include a detailed description, including what happened and when and where it happened. You do not need to have proof of your suspicions, but a report must always be made in good faith. You can upload text files and images to your report. Our system removes metadata to ensure your anonymity.
Can a whistleblower scheme be used for all types of fraud or wrongdoing?
Yes, in principle, but the Whistleblower Directive does not address trivial matters such as an employee violating the company’s smoking ban or using the company’s printer for private purposes.
What happens after I send a whistleblower report?
Your report is received by a person inside or outside the company/public authority where you work, who has been specifically appointed for this task. You are entitled to receive an acknowledgement that the report has been received within 7 days, and after 3 months you are entitled to receive an account of how your report has been handled.
Is the report encrypted?
Yes, when you use our system, the report is encrypted so that only the person designated by the company to receive such reports can read it.
Is the system secure?
Yes, and not just because we say so – we have an ISAE 3000 auditor’s statement regarding our GDPR compliance, and we are ISO 27001 certified. We subject our system to regular penetration tests – “hacker tests” – and we have DPO competences in-house.
Do we store personal data outside the EU?
No, we store our data in Ireland and Germany
Do we need a whistleblower policy?
Yes. The company must provide information on the procedures for making the report in a visible place, accessible to the persons covered by the company whistleblowing scheme. Depending on circumstances, a visible place could, for example, be the company’s website. To the extent that the whistleblowing scheme is made available only to employees of the company, the intranet may also be an appropriate place.
What should a whistleblower policy contain?
The company must inform employees about, among other things, which violations can be reported, how reports are processed and recorded, how to make use of the whistleblower scheme and who can report to the whistleblower scheme.
How is the company required to document that they set up a scheme?
The company must keep written records of the establishment and procedures of the whistleblowing system. Among other things, this means that the company must be able to demonstrate that a whistleblowing unit has been appointed, that a system has been established to which reports can be made, and that the system has been designed in accordance with the requirements of the law.
Is there a duty of confidentiality?
Employees assigned to a company’s whistleblowing unit have a special duty of confidentiality regarding the information contained in reports. This confidentiality shall apply only to the information contained in the report. If a report gives rise to the opening of a case, other information gathered in the processing of the case will not be covered by the duty of confidentiality.
Do you need a whistleblower scheme?
Do you have questions about how the system works? Or would you like a non-binding chat about how you can implement our solution in your company? We are ready to answer any questions you may have, and to discuss your options and needs without any obligation on your part. Contact us via the form here, send us an e-mail or call us.
You can also read much more about prices, frequently asked questions or learn more about how Whistleblower Partners works.
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