#2022-1284Decree on Whistleblower Reporting Procedures
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The decree n° 2022-1284 establishes updated procedures for collecting and processing whistleblower reports in France. It specifies the roles of various authorities responsible for ensuring the protection of whistleblowers and mandates the creation of internal reporting channels within organizations. Additionally, it outlines the required steps for these entities to respond to reports, ensuring confidentiality and integrity throughout the process.
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Key Changes
- Introduction of internal reporting procedures for organizations employing over 50 employees.
- Requirement for authorities to inform whistleblowers of the status of their reports within specified timeframes.
- Clarification of confidentiality measures surrounding the identity of whistleblowers and involved parties.
Obligations
What this law requires
Entities listed in articles 1° to 4° of section B, part I of article 8 of the law of December 9, 2016 must establish an internal procedure for collecting and processing whistleblower reports in compliance with this decree
Private legal entities and public legal entities employing private-sector personnel must determine the 50-employee threshold based on closure of two consecutive fiscal periods, calculated according to article L. 130-1 of the social security code
Public legal entities must determine the 50-agent threshold according to methods used for calculating staff composition of social committees or equivalent bodies
State administrations, nationally-competent services, and deconcentrated services must establish internal whistleblower reporting procedures through ministerial order, after consulting administrative social committees
All entities covered by this decree must consult social dialogue instances before establishing their internal whistleblower reporting procedures