Van Olmen & Wynant is happy to announce that we can provide our clients with a service to help comply with the upcoming whistleblower rules, including both legal advice and a modern simple-to-implement whistleblowing system. We are able to do this through our new partnership with WhistleB by NAVEX.
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About WhistleB
WhistleB is a user-friendly, online whistleblowing system that employees and external stakeholders can use to report suspected ethical, legal and compliance-related misconduct. The system is secure, available in many languages, and complies with all applicable legal requirements, including the EU GDPR.
Watch an on-line demo video on their website: https://whistleb.com/
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How do we expect the EU Whistle-blower Protection Directive and its national transposition to affect companies in Belgium?
The Belgian authorities are still working on the transposition (the final act should be passed by Parliament in July 2022) but it is already clear that Belgium will go further than the EU Directive. For example, the government intends to also include breaches regarding social fraud in the scope of the whistle-blower protection law. This will mean that employees will also be protected if they report on breaches of employment law and social security law. Belgium also intends to offer strict enforcement mechanisms pertaining to companies in order to ensure their compliance with the whistle-blower reporting and protection rules, including significant administrative fines and even criminal prosecution.
Employers will be responsible for setting up internal reporting channels and for following up accordingly on reports. Aside from this critical task, they will also face external reporting issues when employees and other whistle-blowers choose to report directly to the competent authorities. Therefore, it is important for companies to provide an internal channel that is fair, honest, trustworthy and easily accessible. The technical solutions provided by WhistleB could help in that respect.
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When it comes to anti-corruption and/or corporate misconduct, what are the most significant issues that Belgian companies are currently facing, or will face over the next few years?
The modern digital and flexible way of working makes it more difficult for companies to effectively monitor the activities of their employees. It has never been an easy task to ensure scrutiny in that respect. Even the best internal policies and the checks and balances built into corporate processes cannot always prevent misconduct. Abuse of autonomy and power within the company can for instance open the door to theft of goods or financial corruption, but also to harassment or violations of safety measures. It is never easy to speak up against your colleagues or superiors, but providing a confidential and adequate internal whistle-blower channel can definitely lower the barriers for employees who wish to bring an end to malpractices.
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How do we see that companies might benefit more broadly from complying with the new law?
As mentioned above, the new law will allow companies to set up an efficient and confidential reporting system, which can lead to greater transparency, internally, and serve to promote a bottom-up approach for preventing or ending malpractices and abuses of company goods. The whistle-blower rules should not be seen as a new instrument for employees to attack their employers, but as an effective way to solve problems and disputes, internally. For example, an employee may try to use the internal system first if it is reliable, which can prevent unnecessary reporting to the competent authorities. The whistle-blowing procedure could also make it easier to identify severe violations of company rules at the source and allow employers to act quickly, with immediate dismissal as a solution where appropriate.
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Why did we choose to partner with WhistleB specifically?
WhistleB is a simple, yet sophisticated online tool to create an internal reporting channel. Its straightforward design and processes make it relatively easy to use, for both reporters and those appointed to follow-up on the complaints or reported violations. The system allows the company to respect the legal deadlines and to ensure that the necessary feedback and actions take place. The clear structure of WhistleB does not require training for the reporting manager and whistle-blowers can be assured that their reports will be taken seriously, without getting lost in complex internal procedures. WhistleB offers a great and fast alternative for setting up a new internal system, which requires a lot of time and energy. The system is also sufficiently flexible in order to fulfil the needs of any company, irrespective of its size or activities. Finally, the tool also works in Dutch and French which is a plus for the Belgian market.
Van Olmen & Wynant is readily available to help our clients install an internal reporting channel through WhistleB and to draft internal policies to match the needs of the company. Moreover, Van Olmen & Wynant can assist with legal questions regarding the use of the internal system, the scope of the legislation, the consequences of reports, both internal and external, and whistle-blower protection.
Questions about WhistleB or about the whistleblower rules? Contact gautier.busschaert@vow.be (EN/FR) or pieter.pecinovsky@vow.be (EN/NL)