Choosing the right person: the key to successful whistleblowing in your organisation

In light of the Whistleblower Protection Act and the newly established obligations, many organizations are asking how to properly and effectively select the appropriate person to sponsor their internal whistleblowing system. The importance of this decision cannot be underestimated, as the chosen individual bears considerable responsibility for the transparency and credibility of the entire system.

(in the photo the ARROWS team together with several colleagues from the tax and accounting firm ARROWS tax, ARROWS insurance)

Definition of the role of the 'competent person'
Within an organisation, a Competent Person is an individual designated by the organisation to receive, investigate and deal with whistleblower reports of possible wrongdoing. Their mandate includes not only receiving notifications, but also subsequently assessing the relevance and substantiation of the notification and ensuring adequate appropriate action is taken.

How to select the ideal candidate?
The law sets out only basic requirements, which give little guidance as to the appropriate selection. According to the law, the candidate must be a natural person who is of good character, of legal age and of legal capacity. However, given its importance, other requirements must also be taken into account, which are not specified in the law, e.g:

1. Professional qualifications:
Education and specialisation: It is recommended to take into account not only formal education but also specific courses, training and certificates relevant to the position.
Knowledge of internal processes and control procedures: Ability to effectively verify information, compare it with reality and have an intimate knowledge of the organisation's operations.

2. Personal and mental aptitude:
Emotional Intelligence: Ability to recognize and respond appropriately to the emotions of others, as well as proper self-regulation.
Impartiality and independence: Eliminating potential conflicts of interest and maintaining objectivity.
Sound Judgement: making quick and correct decisions in challenging situations.

3. Practical experience and competence:
Previous experience: Experience in similar roles can help to perform the role more effectively.
Communication skills: Ability to communicate clearly and effectively, especially in complex situations.

4. Legislative and regulatory knowledge:
Recognition of offences and misdemeanours: It is important to be able to assess the merits of criminal offences and misdemeanours and to evaluate the offences.
Knowledge of EU law: Especially if the organisation operates in an area governed by EU law.

5. Organisational and administrative skills:
Record-keeping: Ability to keep proper records, process notifications and archive them.
Orientation to company structure: Detailed knowledge of the organisation, hierarchy and responsibilities.

6. Interpersonal relationships and trustworthiness:
Visibility and accessibility: Being accessible to employees and actively participating in the company culture.
Building trust: Ability to gain the respect and trust of colleagues and subordinates.
Therefore, selecting the right competent person requires a comprehensive approach, where we take into account both the professional and personal background of the candidate.

So who is a good fit?
Often, the most suitable candidates for the role of the relevant person may be the head of the legal or compliance department or the HR department, as they have the necessary expertise and experience. A Data Protection Officer, or DPO, may also be a suitable choice as they have a deep understanding of data protection, ethics and compliance. However, it is always important to ensure that the selected candidate is perceived by employees as trustworthy, impartial and approachable.

Conclusion
Selecting the right competent person is not only a matter of meeting the legal requirements, but also of understanding what is best for a particular organisation. Legal and practical considerations should go hand in hand in the search for the person who will be the pillar of an effective and credible internal whistleblowing system.

Looking for help setting up the above? Don't hesitate to contact our team - we're here for you! Drop us a line or give us a call.