Retrospective: Key Changes for Your Whistleblowing System

Introduction

2023 has been a pivotal year for France regarding professional whistleblowing systems. The operational implementation of the Waserman Law and the update of the CNIL framework on whistleblowing mechanisms have introduced significant changes. For those looking to gain a deeper understanding of these developments, we organised a webinar, and the replay is available via this Link.

The Waserman Law: A Major Reform for Whistleblowers

Published in March 2022, the Waserman Law transposes the European Directive on whistleblower protection into French law and significantly expands the existing legislative framework. Many organisations completed the operational implementation of this law in 2023. Here’s a look at the key aspects: 

• Choice of Reporting Channels : Whistleblowers are no longer required to follow a step-by-step approach. They can choose to report an irregularity either through an internal channel or directly via an external channel, depending on what they deem most appropriate or safe in their specific situation. Companies must provide clear and accessible information on the available reporting options, including external channels.
• Élargissement du Champ d'Application : This law expands the scope of whistleblowing reports to include environmental and public health issues, going beyond the anti-corruption framework of the Sapin II Law.
• Expanded Scope : The law broadens the areas covered by whistleblowing reports, now including environmental and public health issues, extending beyond the anti-corruption focus of the Sapin II Law.
• Confidentiality Measures : Strict measures have been put in place to ensure that the whistleblower's identity remains confidential throughout the reporting and handling process.
• Anonymity Option : the possibility to report anonymously, particularly in cases where this is feasible and does not hinder the investigation.
• Protection Against Retaliation : Regardless of anonymity, the law guarantees protection against retaliation for whistleblowers, including safeguards against discrimination or sanctions following a report.
• Involvement of External Stakeholders : The law allows suppliers, customers, and other business partners to report irregularities, expanding the range of actors who can participate in the whistleblowing process.
• Notification and Response Deadlines : The decree related to the Waserman Law sets specific deadlines for handling reports. Firstly, a written acknowledgment of receipt must be provided to the whistleblower within seven working days of submitting the report. The organisation must then inform the whistleblower of the outcome of their report within three months from the acknowledgment date.

Update of the CNIL Framework: Strengthening Data Protection

The update of the CNIL framework on whistleblowing systems represents another key pillar in the evolution of whistleblowing mechanisms in France. Five major changes should be noted:

• Securing Collected Data : The CNIL imposes strict standards for protecting personal data collected as part of whistleblowing reports.
• Anonymisation Protocols : New guidelines strengthen anonymisation procedures to better protect whistleblowers' identities.
• Limited Data Retention Period : The CNIL sets precise limits on data retention duration, ensuring compliance with privacy regulations.
• Audit and Monitoring of Whistleblowing Systems : Verification procedures are introduced to ensure that whistleblowing systems comply with confidentiality and data security standards.
• Training and Awareness : The CNIL recommends regular training sessions for employees, emphasising the importance and proper functioning of whistleblowing mechanisms.

Impact on Organisations

These developments create new obligations and opportunities for organisations, requiring them to adapt to the evolving legal framework. It is essential for businesses to stay informed about these changes to ensure compliance with current laws and take the necessary steps to position themselves favourably in this shifting landscape. This includes revising internal policies, updating reporting systems, and enhancing employee training. Moreover, these changes strengthen employees' trust in whistleblowing mechanisms and foster a more transparent and accountable corporate culture.

Conclusion

The year 2023 marks a significant transition period for professional whistleblowing systems in France. With the adoption of the Waserman Law and the update of the CNIL framework, the country has taken a major step towards enhanced whistleblower protection and the reinforcement of transparency and ethical standards in the professional sphere.

For businesses, these changes present an opportunity to strengthen their governance and foster a safer working environment.