Whistleblower’s Guide: Who to Report to and What Happens Next
=====================================================
As a whistleblower, you have the right to report wrongdoing or unethical behavior within your organization. But who do you submit your report to, and what can you expect from the process?
Reporting Whistleblowing in France
According to French law, the procedures for reporting whistleblowing vary depending on the size of the company or institution.
For Larger Organizations
Organizations with over 50 employees or agents are required by law to establish an internal whistleblowing procedure and make it accessible to employees. This procedure must include provisions for:
- Submitting reports
- Acknowledging receipt
- Processing reports
- Providing information on the measures taken to address the concerns raised
You can submit your report to a designated point of contact or follow the internal procedure outlined in Decree No. 2022-1284.
For Smaller Organizations
If your report relates to a smaller organization with fewer than 50 employees, you can submit it to:
- Your direct or indirect line manager
- Employer
- Designated point of contact
If the organization does not have an internal procedure in place, you can still submit your report and expect it to be processed according to the provisions outlined above.
What Happens After You Report?
After submitting your report, you can expect the organization to:
- Acknowledge receipt within seven days
- Provide an initial response within three months
If you are satisfied with the response, the process ends for you. However, if the organization does not respond or you are not satisfied with its response, you can opt to approach one of the following external authorities:
- One of the authorities designated by Decree No. 2022-1284
- The Defender of Rights
- The judicial authority (e.g., public prosecutor)
- A European Union institution, body, or organization that is competent to collect information on breaches falling within the scope of Directive (EU) 2019/1937.
Practical Advice
When sending documents via postal services:
- Always use registered mail with acknowledgement of receipt where possible.
- Use the double-envelope system to ensure confidentiality.
- Keep original copies of your reports.
By following this guide, you can navigate the whistleblowing process effectively and ensure that your concerns are heard and addressed. Remember to stay anonymous if necessary and seek legal advice if you’re unsure about any aspect of the process.