The so-called Whistleblower Protection Law, which guaranteed anonymity to whistleblowers who saw irregularities in their companies, is still not working properly. The body that should manage it has not yet been set up, more than a year having passed since the law was passed.
Silvia Quiles, director in the criminal area, comments in El País that despite this, the Whistleblower Channel is being installed in companies: "Many companies that already had a whistleblower channel in place as a fundamental element of their criminal prevention model, in accordance with the provisions of article 31 bis section 5 of the Criminal Code, are updating it".
The Whistleblowing Channel, regulated through the European whistleblowing directive, must offer guarantees to whistleblowers. In this regard, our criminal lawyer says she has "a certain reluctance for facts to be made known anonymously or for the channel to also be open to third parties, such as collaborators, suppliers or clients, in addition to employees".
In order to be effective and generate trust, she points out that "in addition to offering periodic training, it is useful to delegate this function to an external party".
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