Whistleblowing: how to turn compliance with upcoming laws into a business advantage
In October 2019, the European Parliament passed the “Directive on the protection of persons who report breaches of Union law” which should have been transposed into Luxembourgish law at the latest in December 2021. Luxembourg has published a draft law in January 2022 and we are currently awaiting the final text.
With the transposition of the Directive, all entities in the private sector with 50 or more workers and all public entities including communes with more than 10.000 inhabitants will have to implement an internal whistleblowing system.
Even without this legal requirement, the introduction of a whistleblowing system can have numerous advantages. While many might associate it with defamation or black mouthing, it is actually an efficient instrument to detect fraud and improve processes if properly set up. According to a report of the Association of Certified Fraud Examiners, a “tip” was the most common source to detect cases of fraud within a company.
A proper implementation can therefore be a business advantage allowing organizations to deal with internal weaknesses as soon and as efficiently as possible and to avoid any reputational or financial damages.
However, a successful whistleblowing system is not just the introduction of a hotline or mailbox for submitting reports and needs to be accompanied by the appropriate communication, procedures and trainings.
At the end of the course, participants will be able to:
- understand the different requirements set out by the new law
- explain the organisation of a standard whistleblowing case
- discuss the need for whistleblower protection
- identify the starting points within his/her organisation for the implementation of a whistleblowing system
- Overview of the new EU Directive and the implementation across the EU
- Key points of the new law
- Internal and external reporting channels
- Discussion of the different stages of a whistleblowing case
- Definition of processes and elaboration of procedures
- Internal investigations and communication with a whistleblower
- Do’s and Don’ts for the successful implementation of a whistleblowing system
Together with the Forensics team, PwC's Academy offers a training highlighting the key requirements of the new Whistleblowing law in Luxembourg. They will also explain necessary accompanying processes to ensure a proper use of the whistleblowing system. The training will provide the participants with practical tips for the set up and operation of the whistleblowing system and for handling and investigating allegations.
Being part of the forensics team, our trainers will have first-hand experience with actual investigations and whistleblowing cases.
A qui s'adresse la formation?
- Representatives of all sectors (financial, private and public)
- Members of the Board or management, incl. mayors and representatives from municipalities
- Internal auditors, compliance officers or risk managers
- Legal and HR department
This training is coordinated by Roxane Haas and Michael Weis, Partners at PwC Luxembourg and will be given by directors and managers who benefit from a strong professional experience in this area.
Roxane Haas is a “réviseur d’entreprises agréé” and accountant in Luxembourg. Roxane is an audit partner at PwC Luxembourg. She has over 15 years of professional experience at PwC and in particular in the context of audits of banks, PSFs and investment funds. She is also in charge of the task force AML PwC Luxembourg and is active in local working groups (Luxembourg Association of Compliance Officers, Institute of Company Auditors and Institute of Chartered Accountants). Her skills have brought her to supervise many AML/KYC missions for major banking players of Luxembourg.
Over the past 10 years, Roxane has conducted numerous AML trainings for both national and international as well as for professional organisations.
Michael Weis is a partner in the Forensic services. Through his previous positions and projects, Michael gained extensive knowledge in the investment management and banking industries.
As a key member of the internal controls practice of PwC Michael specialises in the review of internal controls in the context of SAS 70 reviews and controls reports. He is the manager of various high-profile client assignments on internal controls reports and on Anti-Money-Laundering (AML) in the investment management industry.
Within PwC, Michael takes a key role in the AML-taskforce and on internal controls work for the prevention of financial crime. He is co-ordinating the PwC’s Academy's “Fight against financial crime” leading training programme that regularly involves international subject matter experts (e.g. Transparency International, UN Security Council, FATF, SCPC, FSA, CSSF etc.).
Through his professional qualifications he specialised in compliance related topics such as internal controls frameworks, fraud prevention/investigation and AML.