Everything you need to know about Viadenuncia and EU Directive 2019/1937

Directiva whistleblower

1.- What is EU Directive 2019/1937 o Whistleblowers Directive?

EU Directive 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (hereinafter EU Directive 2019/1937) is a European directive that makes it mandatory for all public administrations and companies with more than 50 employees to have communication channels so that customers, suppliers, employees and/or persons with whom they have a relationship can communicate irregularities or proposals for improvement in the operation of the organization.

According to EU Directive 2019/1937, communications must be able to be made through five different channels: web form, telephone call, email, postal mail and in person.

Additionally, the Directive establishes the need for the channel to allow anonymous communications, as well as for the whistleblower to have access to know the status of his or her communication.

2.- Is EU Directive 2019/1937 in force?

Although the Spanish State has not yet carried out a transposition of the directive, by virtue of the principle of primacy of European law, the Directive is in force and is directly applicable to the Spanish State.

Furthermore, having exceeded the maximum period for transposing the Directive into Spanish law, the Court of Justice of the European Union states that directives, in cases such as this one, can take effect when:

  • Els termes de la directiva siguin incondicionals i prou clar.
  • Rights are attributed to individuals.

Therefore, any person can request the existence of these communication channels to the public administrations and obliged companies.

3.- Therefore, is it mandatory to have a whistleblower channel?

It is not mandatory for all companies, but it is mandatory for all public administrations, companies with more than 50 employees, as well as to be eligible for and manage the Next Generation European Funds.

4.- And what is the VIADENUNCIA whistleblowing channel?

The VIADENUNCIA whistleblowing channel is the means, in accordance with EU Directive 2019/1937, to report alleged irregular practices, internal breaches and unlawful activities within a private organization or public administration that have been carried out by any person who has a relationship with the organization (employees, managers, consumers, suppliers, etc.).

The undertaking of these tasks is stated in Order 24/22 of 10 February 2022 of the Provincial Court of Barcelona, which resolves Appeal 1179/2017. As stated in the directive, the State has recognised the VIADENUNCIA complaints mailbox, through one of the resolutions of the power responsible for validating the rules, the Judiciary.

VIADENUNCIA has a specific procedure that guarantees the rights of all parties to the procedure, whether active or passive.

5.- What are the communication channels offered by the VIADENUNCIA complaint channel?

VIADENUNCIA’s whistleblowing channel allows you to make complaints through the means determined by the EU Directive 2019/1937: telematic (through the web form), email, phone call (which will be registered), mail and personal interview (by appointment).

VIADENUNCIA guarantees the confidentiality of the complainant (Whistleblower), if so requested, and prevents any outsider from accessing the information that has been the subject of the complaint or communication.

6.- Which facts can be reported through the VIADENUNCIA reporting channel?

In accordance with EU Directive 2019/1937, only facts that fall within the following areas are subject to reporting of infringements or complaints:

1 Public procurement,

2 Financial services, products and markets, and prevention of money laundering and terrorist financing,

3 Product safety and conformity,

4 Transport safety,

5 Environmental protection,

6 Radiation protection and nuclear safety,

7 Food and Feed Safety, Animal Health and Animal Welfare,

9 Consumer protection

10 Protection of privacy and personal data, and security of networks and information systems;

11 Infringements affecting the financial interests of the European Union;

12 Infringements relating to the internal market, infringements of the Union’s competition rules and aid granted by the States, as well as infringements relating to the internal market in connection with acts that infringe the corporate tax rules or practices whose purpose is to obtain a tax advantage that distorts the object or purpose of the applicable corporate tax legislation.

7.- Do I have to identify myself to file a complaint?

In accordance with EU Directive 2019/1937, it is not necessary to identify yourself in order to file a complaint. The VIADENUNCIA web form allows you to choose the option of making the report anonymously, so that not even VIADENUNCIA professionals will know the identity of the person making the report.

8.- Who will receive my report?

Your report will be received by an independent expert from the organization that owns the mailbox. The complaint will first be analyzed by an independent person called the box manager, who will carry out an initial analysis of the viability of the complaint.

Anonymity and confidentiality are absolute during the investigation and according to the internal rules of each organization, so it is possible that the organization will be informed at the end of the investigation of the complaint of the decision to be taken.

9.- Once my communication or complaint has been sent, when will I receive a response?

Within a maximum period of 7 days you will receive a notice of receipt, and within a maximum period of 90 days you will be notified of the resolution of the procedure, which may be a proposal for a sanction or a dismissal of the case.

If the reported facts constitute a serious irregularity, VIADENUNCIA will initiate an investigation procedure and prepare a legal report in accordance with EU Directive 2019/1937.

10.- How can I implement a whistleblower channel in my company?

Request information through the contact form that you will find by clicking here, or through the email and we will contact you to help you implement a whistleblower channel in your company.