To ensure and promote integrity within the enterprise, the law mandates the establishment of internal reporting channels in certain cases. These channels serve not only as a mechanism for identifying potential breaches of legal provisions but also as a cornerstone in building a transparent and sustainable organizational culture.
One significant advantage of internal reporting channels is the ability of companies to identify and, implicitly, remedy legal violations with an impact on them from the early stages. In this way, inappropriate behaviors, abuses, or even fraud attempts can be reported, and the organization’s leadership can take action to minimize the negative impact produced or susceptible to occur due to such violations.
Furthermore, the establishment of internal reporting channels can ensure a heightened level of protection for whistleblowers. Reporting legal breaches by whistleblowers, without fear of reprisals, encourages the disclosure of information of public interest and contributes to eliminating inhibitory factors in the reporting process. Moreover, the establishment of internal reporting channels not only serves as a tool for internal development but also ensures alignment with current legal requirements.
In addition to the obligation to establish internal reporting channels, private legal entities with at least 50 employees also have the obligation to set up internal reporting procedures and subsequent actions. These procedures consist of a set of steps and rules established within the enterprise to facilitate the process of notifying potential law violations. Essentially, internal reporting procedures include aspects related to the confidentiality of reports, cases of their closure, the rights and obligations of reporters, protective measures, support and reparatory actions, protection of the identity of the affected person and third parties, etc.
Moreover, specific measures to protect whistleblowers against reprisals can be included, clarifying the responsibility of staff and management in handling received reports. Additionally, at the enterprise level, an online reporting channel can be introduced, managed in accordance with national and European legal provisions.
As a result, the establishment of internal reporting channels provides the opportunity for the management of reports at the enterprise level, maintaining a high level of control over their resolution, involving a series of benefits in terms of response time. Furthermore, increased importance should be given to internal reporting procedures, which must be communicated in a clear and accessible manner to all employees to ensure efficient implementation.
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Mihaela Balau – Attorney at Law