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Whistleblowing: Organisations
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CNIL is an organisation in France that regulates the approval of “whistleblowing” schemes for organisations and companies either based or operating in France. It is compulsory. The use of whistleblowing hotlines and reporting in France is restricted to accounting, auditing, financial misconduct or corrupt practices such as bribery, collusion or conflicts of interest.
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CNIL Article 3 of the unique authorisation allows to record serious facts, even if they are not within the scope of the whistleblowing system (see question 10, “What should be the scope of the whistleblowing system ?”). In that event, the report may be collected and possibly directed towards appropriate individuals in the respective company. Following the transfer, the organisation in charge of processing the reports rapidly destroys or archives the report.
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It is too easy to become evangelical about whistleblowing and forget that it has a darker side. Promoting whistleblowing needs to be done carefully to avoid opening the doors to an institutionalised gossip session. There is a legitimate line to be drawn between telling tales and ensuring that the workplace is meeting the organisation's compliance standards.
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The CNIL The CNIL issued this document to answer the most frequently asked questions which it has received about the implementation of professional whistleblowing systems in France since the adoption of its unique authorisation on December 8, 2005. This document helps organisations clarify their responsibilities so as to qualify for the simplified procedure set up by the unique authorisation.
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In light of the current legal impetus and the public support for these matters, a whistleblowing policy should be a core part of your organisation's compliance policy. The directors should take ultimate responsibility for this policy and be involved in its establishment and periodic review.
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