Advice and implementation of the
Ethical or whistleblowing channel
Our Corporate Compliance lawyers offer companies a comprehensive service to advise on, implement and manage the ethical channel, or whistleblowing channel to ensure compliance with all European regulations.
Why should companies have a whistleblowing channel?
In Spain, these channels are designed to report breaches of European Union regulations, as well as the various types of criminal and administrative offences in which organisations may be involved.
The implementation of an ethical or whistleblowing channel is an essential element of a compliance management system to identify and correct a company’s shortcomings and, above all, to prevent and detect corporate fraud.
What are our main services related to the whistleblowing channel?
Comprehensive service for the implementation and management of the ethical or whistleblowing channel
- Implementation of the computerised reporting tool on the client’s platforms.
- Receive, process and resolve complaints received through the channel (with an annual limit on hours spent).
- Monthly reporting of complaints received and visits to the channel.
- An annual meeting to evaluate the channel and propose internal improvements.
Comprehensive service for the implementation and management of the whistleblowing channel + Advice to the compliance body
This service is designed for those companies that, in addition to receiving the services described in the previous section, also wish to receive our advice and/or assistance in the management of their Criminal Compliance body.
In addition to the work described in the previous section, this service also includes:
- Attendance at a quarterly meeting of the Compliance Body.
- 30 or 40 hours per year (to be chosen by the client) dedicated to advising the Compliance Body.
- AGM Abogados has a software that meets all the requirements established by the regulations and can be easily installed in your company.
- We offer exclusive management of the ethics or whistleblowing channel and advice to your compliance body.
- The software is very competitively priced.
- We have a team who specialises in implementing and managing this IT tool in companies of all types and sizes.
- We ensure that all internal processes comply with the whistleblowing directive.
Why choose our whistleblowing channel services?
- At AGM Abogados, we have extensive experience in the field of Corporate Compliance and we are specialists in providing you with the right advice on investigating and resolving the complaints you receive on your channel.
- In addition, we have a software that not only complies with the specific regulations, but is also one of the most valued on the market for its ease of use.
Do you need advice on whistleblowing channel services?
Why is it important to have ethical or whistleblowing channels?
With the approval of Law 2/2023, of February 20th, which regulates the protection of persons who report regulatory breaches and the fight against corruption, it is mandatory for companies with more than 50 employees and Public Administrations to have an internal ethics or whistleblowing channel. In this sense, it is very important that Spanish companies comply with this regulation, as the penalties for non-compliance range from €1,001 to €300,000 for individuals and from €10,001 to €1,000,000 for legal entities.
Who is affected by Law 2/2023 of February 20th?
- Legal entities with more than 50 employees.
- Political parties, trade unions, employers’ associations and foundations, provided that the latter receive or manage public funds.
- In the case of the Public Sector, they must also comply with the regulations and therefore have an internal channel for receiving complaints:
- Public Administrations.
- Public Organisations and Entities.
- The Independent Administrative Authorities and the Social Security Management Entities and Common Services.
- Public Law Corporations.
- Public Sector Foundations.
- Public Universities.
How long do I have to implement the mandatory whistleblowing channel?
Since Law 2/2023 came into force on March 13th, the following deadlines have been established for the implementation of the ethical or whistleblowing channel:
- Companies with more than 249 employees should have implemented it before June 13th, 2023.
- The remaining companies, those between 50 and 249 employees, before December 1st, 2023.
Why is it important to hire a specialised team for the implementation of the whistleblowing channel?
Implementing and managing these channels is not an easy task for companies. The Law requires a high level of security for the information received through the channel. In addition, there is an obligation to investigate complaints and ensure compliance with certain legal requirements for both the complainant and the accused. This is precisely why organisations have the option of outsourcing the channel, entrusting its implementation and management to external professionals who are experts in the field.
Our company has a software tool that meets all the requirements established by the regulations and can be easily installed in your company. In addition, together with the aforementioned IT tool, we offer the exclusive management of the ethical or complaints channel and advice to your compliance body. All this at a very competitive price.
At AGM Abogados we have a team who specialises in implementing and managing this IT tool in companies of all sizes and types. Specifically, our legal team is responsible for ensuring that all internal processes comply with Law 2/2023.
You may be interested
Do you need to implement your whistleblowing channel?
We understand that implementing and managing a whistleblowing channel can be complex, so we invite you to contact us so that we can propose a solution that is appropriate to your company’s situation.