El whistleblower channel is one of the most important aspects of Criminal Risk Prevention Program that any company must implement, in order to avoid or reduce its possible criminal liability within the framework of the current regulations that affect the entities.

But whistleblower channel not only is it included in the possible exemption from corporate liability, but the scope will be extended when the Regulation of the Law 10 / 2010, of 20 de Abril, for the prevention of money laundering is modified and the financing of terrorism.

The preliminary draft of this legislative adaptation foresees different modifications of great importance, but for the purposes of the present article it must be indicated that all those legal persons subject to said law, with an annual turnover of more than two million euros or with more than ten employees they should create an internal channel of employee complaints about possible breaches of this rule.

Likewise, an updated and complete record of all detected operations must be kept, specifying if they have been derived from communications of employees, managers or agents or automated alerts.

This record must include the existence or absence of analysis and the result thereof.

The manual for the prevention of money laundering (already in force since the law came into effect) must incorporate an internal procedure for anonymous communication of infractions of the prevention regulations or the procedures approved to comply with them.

El whistleblower channel specific to which the legislative amendment refers does not have to be of new creation but it could be that which the companies had already created in development, for example, of the regulations on the criminal liability of legal persons.

Consequently, if until now the companies valued in their own bosom the origin or not of the establishment of a preventive policy of risks in criminal material, with the modification that will affect the regulations of prevention against money laundering this valuation (for part of those entities subject to it) will become a necessity.


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Daniel Vigo, dig advocats

Daniel Vigo

DiG Lawyers

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