Complaints channel
The Whistleblower Channel must be activated by the following entities, as established in article 10 of Law 2/2023, of February 20, on Whistleblower Protection: – Any private entity (natural or legal person) with 50 or more employees. Additionally, the following legal entities of the private sector must have a Whistleblower Channel: – Subjects obliged to the Money Laundering Prevention Law. – Entities offering financial services, products and markets. – Entities dedicated to transportation safety and environmental protection: – Political parties , trade unions, business organizations and foundations created by one or the other, provided that they receive or manage public funds – Any public Entity – Entities that voluntarily so decide This Internal Whistleblower Channel will be the indispensable component of the Corporate Code of Ethics, with which to protect the general interests of your organization.
Compliance deadline
The deadline for having an active Whistleblower Channel is December 1, 2023.
The Law provides for penalties for non-compliance of up to 1 million euros.
The Independent Authority for the Protection of the Informant (AAI), with inspection and sanctioning powers, may also agree on other measures:
– Public reprimand.
– Prohibition to obtain subsidies.
– Denial of tax benefits for a maximum period of four years.
– Prohibition to contract with the public sector for a maximum term of three years.
Exclusive Software Service
Business Adapter® offers you this service which includes the opening of an exclusive Complaint Channel for your entity, including your logo and corporate identification to clearly identify your entity.
A space will be provided for the complainant to state the facts that motivate the complaint with all the legal requirements established in Law 2/2023 on Whistleblower Protection.
The software will provide you with the necessary information for the Registration of the complaint, issuance of the Complaint Receipt Report and the Investigation Closure Report.
Business Adapter® is responsible for the maintenance of the Whistleblower Channel, in order to ensure its perfect operation and to guarantee that it complies with the legal requirements established in the Whistleblower Protection Law 2/2023.
Integral outsourcing service of the Complaints Channel
In addition to the Software service, Business Adapter® will take care of:
– Analyze the complaints received to determine whether they are admitted for processing or dismissed.
– Forward the response to the complainant (except if the complaint is anonymous), within the legally established time limit
– Contact the complainant, if necessary, to expand on the information provided or coordinate a face-to-face meeting if authorized.
– Register the Complaint in the Log Book
– Preparation of the Report of receipt of the complaint
– Inform the Channel Manager of each complaint and advise him/her on next steps
– Prepare the Investigation Closure Report
– Inform the complainant (unless the complaint is anonymous), about the actions taken by the Channel Manager, within the established legal term.
In addition to the above, Business Adapter® will perform the following work to bring your entity into compliance with the 20/2023 Act: