. Waserman Law
. European Directive
. Whistleblowers
. Confidentiality
. Reputational Risk
Managing your
Whistleblowing Line
Regulatory obligations:
WASERMAN & SAPIN 2 Laws and European Directive
Since January 2018 with SAPIN 2 law on business ethics and transparency; reinforced by the European directive adopted on April 16, 2019 and the WASERMAN Law 2022:
“Each company with more than 50 employees is required to set up a Whistleblowing Line made available to employees within their organization”
Public organizations such as cities with more than 10,000 inhabitants are also required to implement such a Whistleblowing Line.
departments and regions.
The stakes:
funnel reports to be processed internally
The regulation WASERMAN (transposed from EU Directive) authorizes the whistleblower to report directly either to an Authority or go for a public disclosure.
In this respect, beyond an effective and efficient whistleblowing line management, it is key to encourage reports to be made internally and to process allegations and to remediate; before being reported externally, which would trigger reputational/legal crisis situation to manage.
A Whistleblowing Line:
managing reputational, legal and social-HR risk exposure
It is not only a regulatory obligation in France and Europe, along with legal protection for whistleblowers against prosecution, intimidation or retaliation; but it also contributes to detect and uncover any business malpractice and wrongdoing.
Beyond regulatory obligations, it is above all a tool for preventing and managing legal and reputational risks.
Funneling and effectively processing Whistleblowing reports from your organization contribute to 1) prevent your company from malpractices or criminal acts before turning into a large-scale open crisis; 2) better protect your employees in their work environment..
Managed services to
handle your regulatory obligations
Key features of an effective Whistleblowing Line
The new regulations establish the obligation to put in place an internal system and procedures to collect and process intakes issued by whistleblowers.
Allegations reported may relate to the following topics:
- a crime, an offense (fraud, corruption, abuse of corporate property, illegal taking of interests, influence peddling, etc.);
- a serious or manifest violation of a law or regulation; an international commitment,…;
- harassment, discrimination, respect for privacy;
- a threat or serious harm to the general interest (public health, environment, etc.).
Failure to implement the system may have legal consequences for your organization, in the event of administrative control, and may also become critical in terms of reputation and financial impact, in the case of an allegation poorly handled by your organization and made available to the public.
Each intake relating to allegations, whether proven or not, must be investigated with impartiality, confidentiality and thoroughly, according to the standards imposed by laws.
A intake is also an opportunity for your organization to identify and to address major mishaps that may impact your company's value.
- Obligation
Regulatory
- Prevention
Legal & reputational risks
- Indepedent review
and neutral processing
- Act with diligence
on reported allegations
Because managing a Whistleblower Line, as imposed by the regulator, requires mobilizing resources with regulatory, professional and technical expertise and know-how;
Ethicaline proposes a turn-key solution of Managed Services to handle your Whistleblowing Line, capitalizing on operational experience in the matter; from intake processing to advanced investigations of reported allegations.
Managed Services
a turn-key solution
Intake processing and management
Managing and processing intakes as soon as they are reported by your organization's whistleblowers; as per regulatory guidelines.
- Intake reports
- Indepedent review
- Qualification
- Management and follow-up until closed and remediated
Interaction with whistleblowers
Communication and interaction with whistleblowers, while preserving of confidentiality, protection and anonomity of the whistleblower.
- Confidentiality
- Whistleblower protection
- Anonymity
Case Management – Dossier management and follow-up
A comprehensive and centralized dossier management, from intakes reported to case resolution, upholding regulatory obligation in terms of documentation, for further legal proceedings ie needed.
- Central repository
- Data security, privacy
- Traceability
Support in Compliance program
Our services provide a support during Compliance communication along with the Whistleblowing Line implementation: templates for policies, procedures, training and communication within your organization.
- Governance
- Compliance framework documentation
- Multi-jurisdictional regulatory compliance
In-depth investigations
Some allegations may require in-depth investigations, whether internal/external or on-site investigations; Ethicaline and its seasoned investigators have the capabilities to assist throughout the review, assessment and qualification process.
- Assessment & Intelligence gathering
- Due Diligence
- On-site internal investigations
Legal assistance – Lawyer with Compliance practice
Our services encompass a specialized Compliance practice Lawyer (registered with Paris Bar) for legal support, if needed; to ensure full compliance during the process and further legal proceedings actions.
- Compliance Lawyer – registered at Paris Bar
- Specialized in internal investigations
- Specialities: Ethics, harassment, GDPR, AML/FT
Intake processing
. Intake of an allegation, with acknowledge receipt
of an allegation reported
. preliminary verification;
. qualification ;
. advanced investigation;
. report ;
. archiving and traceability.
Our service offers
< 250
employees
- Platform + dedicated URL
- Processing, investigation, qualification
- Processing of 10 intakes
- Setup in 10 working days
250 – 500 employees
- Platform + dedicated URL
- Processing, investigation, qualification
- Processing of 15 intakes
- Setup in 10 working days
500 – 1000 employees
- Platform + dedicated URL
- Processing, investigation, qualification
- Processing of 25 intakes
- Setup in 10 working days
> 1000
employees
- Platform + dedicated URL
- Processing, investigation, qualification
- Processing of 25+ intakes
- Setup in 10 working days
More about our offers details and pricing
Why choose us ?
Expertise
Support and management of intakes by subject matter experts and professionals
Independence
independence and impartiality guaranteed, when processing allegations reported
Know-how
Interact appropriately with whistleblowers; proactively handle and qualify allegations
Efficiency
Managed Services turn-key solution, with no additional Compliance resources needed within your organization
A dedicated
Whistleblowing platform
Ethicaline provides you with a state-of-the-art Whistleblowing platform, deployed in France and Europe.
The dedicated technological solution, simple, ergonomic and secure, allows case management and interaction within your organization; while guaranteeing the confidentiality and anonymity for the Whistleblowers and data processed.
Central repository and traceability of intakes
managed and processed
as per regulatory guidelines
A turnkey solution
- Secure platform
Intake reports
- Indepedent review
Analysis, investigation, qualification
- Know-how
Expertise made available
Enhanced Investigation service
and in-depth review
When processing intakes reported, some allegations may required enhanced investigative services to ascertain and substantiate wrongdoings and/or malpractices.
Ethicaline, with it seasoned investigators, is able to assist you with in-depth review, leveraging Intelligence gathering, due diligence, forensic investigation,... to substantiate the allegations and collect evidences; in the event of further legal proceedings.
Because carrying out investigations requires multidisciplinary skillsets, Ethicaline provides you with seasoned Compliance & Investigations professionals to deal with diligence, efficiency and discretion.
Professionals in Compliance & Investigations
Professionals, Compliance experts, combining a
double competence :
1. operational experience in compliance, dealing with Whistlblowers'
reports and enhanced investigations,
2. expertise in a Compliance - Ethics, anticorruption (Sapin 2, FCPA, UKBA regulations), ESG matters.
Legal assistance – Lawyer with Compliance practice
Our services encompass a specialized Compliance practice Lawyer (registered with Paris Bar) for legal support, if needed; to ensure full compliance during the process and further legal proceedings actions.
- Compliance Lawyer – registered at Paris Bar
- Specialized in internal investigations
- Specialities: Ethics, harassment, GDPR, AML/FT
Certified investigators – CFE
Ethicaline seasoned professionals are “Certified Fraud Examiners”, an international organization defining standards for the fight against Fraud and Corruption.
Our seasoned investigators have carried out more than a hundred investigative engagements in the matters of ESG, Ethics and Fraud, worldwide.
Let’s talk...
To knwo more about our Managed Services and an overview/DEMO of our platform.
Contact us!