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. Waserman Law . European Directive . Whistleblowers . Confidentiality . Reputational Risk

Managing your
Whistleblowing Line

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 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.

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..

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
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.

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

Communication and interaction with whistleblowers, while preserving of confidentiality, protection and anonomity of the whistleblower.

  • Confidentiality
  • Whistleblower protection
  • Anonymity

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

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

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

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
of an allegation reported

. Intake of an allegation, with acknowledge receipt
. 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

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.

  • Secure platform
    Intake reports

  • Indepedent review
    Analysis, investigation, qualification

  • Know-how
    Expertise made available

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, 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.

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

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.

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