Whistleblower reporting systems – compliance in France

Now is the time to reinforce your corporate whistleblower reporting systems. Since 2018, every company with 50 or more employees in France has been required to have in place an official whistleblower reporting system.

Today, French employees are required to use that system to report internally before blowing the whistle to public authorities or to the media, except in cases of emergency.

Soon, however, those rules will change, due to the 2019 European Directive on whistleblowing. Under the new Directive, employees will have no duty to report internally before heading to the authorities.

At Delcade, we recommend that you act today to build a culture of internal reporting. Establish trust in your reporting systems now, before their use becomes optional.

Now is the time to ensure your corporate compliance systems are strong and healthy. The French Ministry of Justice has also emphasized, as recently as June 2020, that anti-corruption prosecution will remain one of its top enforcement priorities.

Indeed, recent legislative changes have given French prosecutors enhanced investigative tools and have created new sanctions in cases of international corruption.

In this environment, significant benefits redound to companies that have taken their compliance programmes seriously. These include avoiding illegal acts by rogue employees and benefitting from leniency in case of prosecution and sentencing.

Taking compliance seriously means devoting adequate time and reflection to the risks your company faces; creating a compliance infrastructure that is effective and empowered; ensuring adequate training and communication; investigating potential wrongdoing and taking appropriate remedial action where necessary; and engaging in regular audit and review. Good, effective compliance is an ongoing process that requires regular review and updating.

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Delcade’s legal teams are here help you meet your compliance challenges all while aiming to make your compliance programs a motor for growth rather than a mere cost centre.

Whistleblower reporting: Your secret weapon for enhancing corporate performance

• We will help ensure that your whistleblower reporting system not only complies with the requirements of the law (Sapin II, GDPR), but that it becomes a tool for boosting employee morale and improving business results.
• We will undertake a full review of your whistleblower reporting system, including reviews of your policies and procedures, training programs, and data protection practices. We will then issue a report describing in detail your whistleblower reporting system, identifying its strengths, and suggesting areas for improvement.
• Intended for companies with 50+ employees.

Compliance: A global approach to minimizing risk

• We will undertake a comprehensive, on-site review of your corporate compliance program.
• We will evaluate the strengths of your current program, identify risk areas, and make recommendations for optimising your global program by increasing the value obtained from your compliance activities.
• Intended for all companies with potential exposure to liability under anti-corruption legislation.

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Why Delcade?

• Lawyers. Unlike with consulting firms, communications with our attorneys are fully protected by the legal professional privilege. The same is true of our reports, written consultations, and other work product.
• Experts. Our cross-functional legal team is comprised of lawyers practicing in the areas of compliance, whistleblower reporting, labour and employment law, and data privacy and protection.
• Responsive. At Delcade, we combine the skill and quality of leading international firms with the responsiveness that comes with a boutique law office. Your matter will be our top priority.
• Bilingual. Because our lawyers practice English and French, we will be able to communicate with ease with your teams across the world.