The penultimate block of the workshop People 4ESG was dedicated to the recent Law 2/2023 on whistleblowing channels, regulating the protection of persons who report regulatory infringements and the fight against corruption. The round table was introduced by Almudena Batista, partner at Cuatrecasas, who explained the most relevant issues of this new law rules and regulations. The law is applicable to companies with 50 or more employees, and provides deadlines for adaptation. It allows for several channels of complaint, to facilitate its affordability and allows anonymous complaints and information and that the infractions "are severe and have an independent authority that has been created to follow up on non-compliance". 

After the introduction, Mónica Zuleta, Director of Sustainability at Mapfre, and Ana Benita, Director of Organization, Talent and Health at Acciona Energía, answered some questions about the challenges in implementing the new directive in their respective companies:

How do you coexist with the new rule and how do you take everything into account?

Mónica Zuleta, says that Mapfre is facing a new digitalization. Currently, they have two channels for complaints: one for financial and accounting complaints, which is global and generates a different dynamic due to the digitalization of each country, and another for ethical complaints, where the procedures of the business on code of ethics and conduct are applied. However, he considers that they have the challenge of the management of the different channels to adapt it to the new rules and regulations, given that it can no longer be a single global one, but a specific one for Europe will have to be incorporated. This challenge is shared by Ana Benita at Acciona Energía and is likely to be generalized for multinational companies.

For her part, the Director of Organization, Talent and Health of Acciona Energía considers that this law comes late, because many companies already had a complaint channel in place. These channels are also enquiry for any doubt of interpretation or to clarify interpretations. Confidentiality is guaranteed but there is always someone behind with the new technologies, so we have to be very careful from human resources to keep that confidentiality.

How are you handling the trust environment?

MAPFRE's Director of Sustainability states that the most important core topic is training and communication. The challenge is to generate an awareness that connects them with what their work is. All the issues of being able to ensure comfort is core topic. People understand what is behind these allegations and what they can expect from business with respect to it. The protection to ensure people and being able to engage in a conversation by opening up the media. Ensuring that ethically it is working with all the technological issues and artificial intelligence. The sustainability plan has two lines of action: transparency and ensuring that these channels really make them closer to the people. The professional considers that there is a challenge on how to create a digital code of ethics .

How is the relationship with and protection of the whistleblower managed?

Ana Benita, considers that the security of information is one of the most frightening points, because without a doubt, all possible means must be sought to protect the whistleblower. In Acciona, they have gone a step further since any whistleblower has the guarantee of indemnity and thus will be able to allege retaliation against dismissal or any other action against him/her. Any whistleblowing will have a halo of protection for that person and reverses the burden of test. It is a topic that requires reflection from the HR area .