25 April 2024 · MES Advocats

What benefits can having a whistleblowing channel bring to my company even if it’s not legally obligated?

25 April, 2024
–
Compliance
–
MES Advocats

![](https://www.mesadvocats.com/blog/wp-content/uploads/image-14-e1714057338228.png)

A week ago, we discussed in another blog post which companies or entities are required to have a whistleblowing channel under Law 2/2023, of February 20, regulating the protection of persons reporting regulatory breaches and fighting corruption (“Law 2/2023”).

Can implementing a whistleblowing channel provide any benefits to a company even if it is not legally obligated?

As we will see below, the answer is affirmative. Having a whistleblowing channel:

Allows access to a greater number of public tenders and/or subsidies and achieves higher ratings in competitive bidding processes.

Note that Law 2/2023 establishes as a possible sanction in case of very serious infringements the prohibition of obtaining subsidies or other tax benefits for a period of up to 4 years, as well as the prohibition of contracting with the public sector for a period of up to 3 years.

Consequently, it is evident that, in public tenders and subsidies, it will be highly valued that a specific company has a whistleblowing channel even if it is not legally obligated.

Significantly reduces the risk of financial losses and damage to its reputation.

The fact that employees and other stakeholders have a secure and confidential means to report fraudulent and/or corrupt behaviors prevents fraud and corruption, thereby reducing economic losses and reputational damage.

Provides greater compliance with ethical standards and regulatory compliance.

Although Law 2/2023 is limited to regulatory breaches, it should be noted that the scope of the whistleblowing channel can be expanded to include, for example, ethical or conduct-related issues.

In any case, it is important to provide periodic training programs to employees so that they understand how the channel works and which behaviors or actions can be reported through it.

Helps to detect inappropriate behaviors or irregularities that occur in a work or professional context at an early stage.

The company can anticipate and establish preventive measures, preventing such behaviors or irregularities from worsening.

Improves corporate risk management.

The communications received will allow the company to take proactive measures to address and mitigate regulatory breaches.

Demonstrates a strong organizational culture and improves the work environment.

Having a whistleblowing channel demonstrates the company’s commitment to ethics, transparency, and integrity. In this sense, employees feel more secure because they can communicate information without fear of retaliation, which can positively impact their performance and job satisfaction.

Additionally, the company becomes more attractive to clients, suppliers, partners, collaborators, and even to prospective candidates considering joining.

The implementation of the whistleblowing channel is an easy, fast, and simple process.

Having a whistleblowing channel offers multiple advantages to a company, even if it is not obligated to do so, but does it entail a complex process?

The truth is that the implementation of a whistleblowing channel is an easy, fast, and simple process. There are multiple providers that offer online platforms integrating the whistleblowing channel, and ensure that the management of communications meets all the security, confidentiality, and data protection requirements demanded by Law 2/2034.

Internally, the company must have whistleblowing channel policies, a management procedure for information approved by the company’s governing body, and a channel manager.

Don’t wait any longer and implement the whistleblowing channel in your company. The benefits it offers, as has been shown, far outweigh the internal cost of implementation.

At MES Advocats, we offer a comprehensive service for implementing the internal information system, which includes a whistleblowing channel, and complies with all the obligations imposed by Law 2/2023.

If you need more information or are interested in obtaining a quote, you can contact us through this link.

###

![Who is required to have an internal reporting channel and from when?](https://www.mesadvocats.com/blog/en/quienes-obligados-canal-interno-denuncias-desde-cuando-obligaciones-legales-empresas/ "Who is required to have an internal reporting channel and from when?")
![The responsible for the internal reporting channel](https://www.mesadvocats.com/blog/en/responsable-canal-interno-denuncias-funciones-obligaciones-legales-independencia-eficacia/ "The responsible for the internal reporting channel")
![Who can report or denounce an irregularity through a company’s internal reporting channel and how can they do it?](https://www.mesadvocats.com/blog/en/quien-puede-informar-denunciar-irregularidades-canal-interno-empresa-garantias-requisitos-legales/ "Who can report or denounce an irregularity through a company’s internal reporting channel and how can they do it?")
![The role of the external third party in the management of the internal whistleblowing reporting channel](https://www.mesadvocats.com/blog/en/tercero-externo-gestion-canal-denuncias-funciones-garantias-confidencialidad/ "The role of the external third party in the management of the internal whistleblowing reporting channel")

Internat reporting channel

---