Whistleblowing obligations: how to optimize the process

What is whistleblowing and how the integration of software can facilitate the process within companies

The term “whistleblowing compliance” refers to a series of obligations and responsibilities that companies must follow to effectively promote and manage the reporting process by employees of illegal or unethical behavior within the company.

These are actions of fundamental importance to ensure transparency and compliance with laws, as well as to promote an ethical and responsible working environment. In this article, we will explore whistleblowing compliance in detail and how specially designed software can help companies simplify and streamline this process.

What is whistleblowing

Il whistleblowing, or reporting a suspected wrongdoing, is the process through which employees or other people within a company report, in an absolutely safe way and without the possibility of retaliation, illegal or unethical conduct.

Reports may involve fraud, discrimination, abuse of power, or any other activity that violates laws or ethical standards. The principle of protecting the identity of the person therefore becomes fundamental whistleblower,  making it so Whistleblowing is an important tool for preventing and addressing harmful or illegal behavior within companies.

Whistleblowing obligations in Italy

In Italy, whistleblowing obligations are regulated by law 179/2017, also known as the "law on the protection of the whistleblower". This law requires companies to adopt measures to guarantee the protection of whistleblowers and to establish a dedicated communication channel to receive reports.

The main obligations required by law include:

  • the appointment of a person responsible for the protection of the whistleblower: each company must designate a manager who is responsible for receiving and managing employee reports;
  • the creation of a reporting channel: companies must provide employees with a secure and confidential platform to report violations;
  • the protection of whistleblowers: the law requires the protection of the whistleblower from retaliation or discrimination following the reporting;
  • recording of reports: companies are required to record all reports received and keep them for a period established by law;
  • investigation and corrective action: the rule finally specifies that companies, following reports, must take corrective actions through specific procedures.

How software can simplify whistleblowing compliance

The regulation introduced by the European Union, Legislative Decree 24/2023, therefore obliges them companies to equip themselves with a secure and private channel to facilitate internal reporting to staff, ensuring the protection of the identity of the whistleblower and of the reporting itself. From this perspective, deciding to entrust such an important task to a latest generation technological application is certainly a winning idea to efficiently manage the entire reporting process, as well as to comply with all whistleblowing obligations.

In this way the company will be able to offer its employees, or third parties who intend to report illicit behaviour, a well-structured and protected platform for reporting. Un dedicated software can, in fact, play a key role in helping companies comply with whistleblowing obligations effectively. That's how:

  • facilitates reporting: software offers a secure and anonymous channel for employees, simplifying the reporting process;
  • tracking and recording: a technological solution allows you to record and track all reports in a systematic way, ensuring compliance with regulatory requirements;
  • management of reports: the software allows managers to manage reports efficiently, assigning tasks, defining deadlines and monitoring progress;
  • protection of whistleblowers: the software offers whistleblower protection features, ensuring that the whistleblower is not subject to retaliation;
  • data analysis: The data collected through the software allows companies to identify trends and areas of concern, making it easier to take corrective measures.

Opentech's solution to comply with whistleblowing obligations

Opentech is a leading Italian company in the IT sector and specialized in GRC, which has been working together with companies for more than twenty years, supporting them with high-performance technological solutions and placing itself as a training tutor for the implementation of a system whistleblowing to comply with its obligations.

Openwhistle it is a complete, structured and totally customizable platform based on the needs of the company which promotes compliance with whistleblowing obligations by guaranteeing digital anonymity, data protection and encryption.

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