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EQS Whistleblowing Channel: 100% compliant with the Spanish Whistleblower Protection Act

EQS Whistleblowing Channel: 100% compliant with the Spanish Whistleblower Protection Act

The internal channel allowing your employees and third parties to anonymously report possible violations, protecting them from any retaliation.

The Spanish Whistleblower Protection Act

The Spanish government has approved a draft law protecting whistleblowers derived from the EU Whistleblowers Protection Directive.

From its entry into force on March 13, 2023, the regulation obliges companies with more than 50 workers, public administrations and municipalities with more than 10,000 inhabitants to implement an internal information channel that guarantees confidentiality so that any citizen can report possible infractions without fearing reprisals; their non-compliance can be sanctioned for up to 1 million euros.

The law's main objective is to protect those who report corrupt practices, fraud or any violation of national or European laws by establishing protected communication channels and prohibiting any retaliation against them.

The Spanish Whistleblower Protection Act

Europe's Leading Compliance Whistleblowing Channel

Thanks to the collaboration agreement between INFORMA and EQS Group, international RegTech supplier, leader in corporate compliance and investor relations, we provide you with the preferred whistleblowing channel in Europe.

The EQS Whistleblower Channel is a secure and anonymous software that allows your employees and third parties to report internally any offence such as misconduct, corruption, abuse of power and discrimination. It promotes information internal management before it becomes public and, in severe cases, leads to financial and reputational losses. Protects employees, reduces costs and minimises risks.

With an internal Whistleblower Channel:

  1. You comply with legislation.
  2. You protect both your company and your executives from sanctions or imprisonment.
  3. Create a valuable culture of "speaking up" in your company.
  4. Strengthen your image with customers, partners, investors, banks and employees.
  5. Protect your reputation.

Europe

Advantages of the EQS Whistleblowing Channel

  1. It meets all the requirements of the Spanish Whistleblower Protection Act.
  2. Total informants' anonymity.
  3. Encrypted storage of your data, in highly secure centres in the EU (ISO 27001 certified).
  4. Intuitive and easy-to-use system, while maintaining the highest security, reliability and data protection standards.
  5. We are the only provider in the world that cannot access our customers' data.
  6. EQS Group is a whistleblower channel specialist with two decades of experience as a European market leader.
  7. Team of whistleblowing experts.
  8. More than 2,500 customers worldwide.
Advantages of the EQS Whistleblowing Channel

Frequently Asked Questions

What is a whistleblowing channel?

It is an internal channel that allows your employees and third parties to internally report any potential offence, to whom appropriate confidentiality and privacy measures will be applied, protecting them from any retaliation.

Is a "whistleblowing channel" the same as an "internal reporting channel"?

It is a terminology question. The European Directive mentions the term "whistleblowing channel". The Spanish Whistleblower Protection Act prefers to call it an "internal reporting system".

In any case, there are also other terms to refer to this new channel: internal reporting channel, ethical channel, whistleblower channel, etc.

Which companies are obliged to have a whistleblowing channel?

  • Individuals or legal entities in the private sector with 50 or more employees.
  • All companies, regardless of the number of employees, within the scope of the European Union directives on financial services, products and markets, prevention of money laundering or terrorist financing, transport and environmental security.
  • Political parties, trade unions, employers' associations and foundations.
  • The Central State Administration, regional and provincial administrations.
  • Public bodies and Public Entities related to or dependent on a public administration.
  • Public Law Corporations.
  • Public universities.
  • Public sector foundations.

Can I be sanctioned if I do not comply with the Spanish Whistleblower Protection Act?

If the measures established by law to protect whistleblowers are not implemented, companies will receive financial penalties ranging from fines of up to €600,000 for serious sanctions such as, for example, not having an internal whistleblowing channel, to very serious sanctions of up to €1,000,000, such as, for example, not complying with the whistleblower's confidentiality right.

What does the Whistleblower Protection Act implies?

  • To establish an internal whistleblowing channel.
  • To allow the whistleblower to remain completely anonymous and thus protect him/her against possible reprisals.
  • To maintain communications confidential.
  • Secure data storage.
  • To have all personal data processed in accordance with the GDPR.
  • To comply with the deadlines for responding to the alerter.
  • To the duty to inform interested parties about reporting options.
  • To the disclosure of the whistleblowing channel to supervisory authorities.

Is email a valid Whistleblowing Channel?

No, email is not a valid Whistleblowing Channel, it does not meet the requirements of the Spanish Whistleblower Protection Act.

Frequently Asked Questions

Does your company have the obligation and you still do not have a whistleblowing channel?

Start now to comply with the new Spanish Whistleblower Protection Act with the EQS Whistleblowing Channel.

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