Compliance and Standards

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Are there laws that mandate the use of whistleblowing systems?

Whistleblowing systems are mandated and encouraged by various countries across the globe, spanning sectors such as finance, healthcare, and public services. In the United States, public companies are especially prompted towards whistleblowing by the Dodd-Frank Wall Street Reform and Consumer Protection Act and are mandated by the Sarbanes-Oxley Act. Up north in Canada, the Public Servants Disclosure Protection Act necessitates federal public sector organisations to establish procedures for handling whistleblowing disclosures. Similarly, in Australia, the Treasury Laws Amendment (Enhancing Whistleblower Protections) Act enforces that certain entities, such as public companies, large proprietary companies, and corporate trustees of superannuation entities, have a whistleblowing policy.

In Europe, the EU Whistleblowing Directive sets a standard for member states by establishing minimum requirements for the protection of individuals who report breaches of EU law. Furthermore, France's Sapin II law requires companies with at least 50 employees to set up a whistleblowing system.

Moving towards the East, in Japan, the Whistleblower Protection Act safeguards employees who report legal violations from retaliation across all industries. Down in the South, South Africa's Protected Disclosures Act encourages employees to report irregular conduct. In India, the Companies Act, 2013, mandates certain classes of companies to establish a vigil (whistleblower) mechanism.

What is the EU Whistleblowing directive?

The EU Whistleblowing Directive, officially known as Directive (EU) 2019/1937, is a legislative measure adopted by the European Union to enhance the protection of whistleblowers across member states. The directive sets minimum standards for the protection of individuals who report breaches of EU law in various sectors, including public procurement, financial services, product safety, environmental protection, and public health. It requires member states to establish comprehensive whistleblowing mechanisms and safeguards to ensure that whistleblowers can safely report concerns and be protected from retaliation. The directive also mandates confidentiality, anonymity, and provides for effective reporting channels, proper follow-up, and access to effective remedies for whistleblowers. Its aim is to promote transparency, accountability, and integrity within organisations while fostering a culture of trust and protection for individuals who speak up about wrongdoing. Member states are required to transpose the directive into their national legislation by December 2021.

Is Phoenix Whistleblowing compliant with ISO 37002:2021 on Whistleblowing management systems?

Phoenix Whistleblowing Software is compliant with ISO 37002:2021 on Whistleblowing management systems because it has been developed and designed with the ISO standard's principles and requirements in mind. The software incorporates the key elements outlined in ISO 37002, such as establishing clear reporting channels, ensuring whistleblower protection, maintaining confidentiality, conducting thorough investigations, and taking appropriate action based on the reported disclosures. By adhering to ISO 37002, Phoenix Whistleblowing Software provides organisations with a robust and comprehensive framework to effectively manage their whistleblowing processes while upholding international best practices and standards.

What is ISO 37002:2021 on Whistleblowing management systems?

ISO 37002 is an international standard titled "Whistleblowing management systems — Guidelines." It provides guidelines and recommendations for establishing, implementing, maintaining, and improving an effective whistleblowing management system within an organisation. The standard aims to help organisations create a culture that encourages and supports whistleblowing, ensuring that individuals can safely report concerns about wrongdoing, misconduct, or unethical behaviour. ISO 37002 provides guidance on topics such as establishing reporting channels, protecting whistleblower confidentiality, conducting investigations, and taking appropriate actions based on the reported disclosures. It serves as a valuable resource for organisations seeking to develop and enhance their whistleblowing processes and align with best practices in this area.

What is a disclosure?

a disclosure refers to the act of reporting or disclosing information regarding potential wrongdoing, misconduct, or unethical behaviour within an organisation. Whistleblowers make disclosures to bring attention to these issues and initiate the investigative or resolution process. Disclosures can include details, evidence, or concerns related to various matters such as fraud, corruption, harassment, safety violations, or any other wrongdoing that may harm the organisation or the public interest. The whistleblowing system facilitates the secure and confidential submission of these disclosures to the appropriate channels for investigation and appropriate action.