For employees and business partners of private companies, Law 361/2022 on the protection of whistleblowers in the public interest regulates for the first time in Romania a general framework on the possibility of reporting or disclosing information on violations of the law, under conditions of confidentiality and with legislative guarantees of protection of whistleblowers.

Given the implications of integrity warnings, both for whistleblowers and for the companies to which they refer, we wanted to summarise below the main issues to be considered by whistleblowers before and after registering an integrity warning:

Step 1: What are integrity warnings?

If you have become aware of current or potential breaches of the law concerning a private company (such as your employer or a contractual partner) through your professional activity, first things first: check all the information you have available. This information should indicate reasonable suspicion of a potential breach and should ideally be supported by documentary evidence (mere hearsay or personal suspicions, unsupported by evidence, are not protected). Try to put yourself in the position of the person responsible for handling whistleblowing reports in the company you work for or with and provide beforehand all the information and documentation that will allow such person to make a thorough and rapid analysis. Last but not least, bear in mind that most private companies provide employees and collaborators with clear and accessible information on the scope of Law 361/2022 on the protection of whistleblowers in the public interest, so that you can more easily determine what information can be reported or disclosed in order for you to benefit from the protection afforded by the law.

This way, you can make sure that the handling of a whistleblowing report will be done in an efficient way, and without unnecessary loss of time.

Step 2: Decision to submit an integrity warning

Once you have assessed the information available to you and confirmed that it falls under the Public Interest Whistleblower Protection Act 361/2022, you need to decide whether or not you want to make a report or a public disclosure. Submitting a whistleblowing report is a possibility and not an obligation, so each employee or third party can decide on a case-by-case basis whether submitting such a report is appropriate or not.

Where possible, it is advisable to opt for internal reporting, as this is the quickest and most efficient way to deal with a potential integrity warning. As a rule, private companies are best placed to gather information and details of a possible breach of the law concerning their business. As a general rule, not all information seemingly referring to potential breaches of law is actually relevant for such a breach of law – it is often the case that a lack of other relevant information can lead to a misleading picture of certain operations within a company, even when the existing information seems very illuminating. This approach maximises both the protection afforded to whistleblowers and the possibility that potential breaches of the law can be resolved and dealt with as quickly and efficiently as possible.

Step 3: Identifying the internal reporting channel

To the extent that the company where you are employed or with which you collaborate has implemented more than one internal reporting channel, you may opt for the one that is considered most accessible or convenient for you. Make yourself properly informed about the reporting channels made available and avoid registering an integrity warning by other means, such as e-mail addresses that are not indicated as company reporting channels. Also bear in mind that all integrity warnings, regardless of how they were registered (via internal reporting channels or not), will be sent to the same person for resolution – but by choosing an official reporting channel, you save valuable time.

Last but not least, bear in mind that digital reporting platforms, to the extent they are available, ensure much more efficient and quicker communication between the whistleblower and the person responsible for dealing with warnings.

Step 4: Anonymous warning or not?

Law 361/2022 on the protection of whistleblowers in the public interest allows both named and anonymous whistleblowing reports, so it is the choice of each whistleblower whether or not to indicate his or her name when registering an integrity warning.

However, you should be aware that anonymous warnings can be more difficult to resolve, given the challenges in communicating with and asking for further clarification from a person you do not know and often cannot contact.

Anonymous warnings can also make it more difficult to protect whistleblowers, as this protection is regulated by Law 361/2022 on the protection of whistleblowers in the public interest. By way of example, private companies must take specific measures to protect whistleblowers, including measures against acts of harassment or bullying that may occur. Protecting someone you don’t know can often prove to be an almost impossible task, despite the fact that, at least at a first glance, anonymity itself seems a form of protection.

Step 5: What happens after a warning is registered?

After submitting a warning, you should first make sure that it has been received and logged – if you opt to use a digital reporting channel, you may receive an acknowledgement immediately.

You should also be aware that the person responsible for handling warnings will inform you of the status of the action taken within a maximum of 3 months.

For anonymous warnings, some digital platforms allow you to automatically check the status of the warning by using a virtual mailbox.

You should be aware of the possibility of further requests for additional information or documents – to the extent that you are in possession of such information or documents, the recommendation is always to make them available for an efficient and speedy resolution of your report.