Loi Sapin II: Strengthening whistleblower protection across borders

loi sapin II

Loi Sapin II: Strengthening whistleblower protection across borders

Loi Sapin IISince the implementation of Loi Sapin II in 2017, a slew of major corruption scandals, involving entities like Dassault and Bolloré Group, have persisted, underscoring the imperative for more robust measures to tackle this endemic issue.

Central to this legislation is its emphasis on whistleblowing provisions. Mandating organizations to establish mechanisms enabling employees to safely report potential wrongdoings, this aspect, known as the whistleblowing system, stands as a pivotal instrument in enhancing operational efficiency by combating corruption within organizational frameworks.

In response to the pressing need for action, the Parliament passed Loi Waserman in 2022. This legislation bolstered key elements of Loi Sapin II, particularly in terms of whistleblower protection, to bring France’s legal framework in line with the EU Whistleblower Protection Directive

Mirroring anti-corruption laws in other nations, Loi Sapin II demonstrates an extraterritorial reach. This implies that organizations meeting its criteria are subject to its mandates irrespective of their geographical location. This feature ensures that organizations operating in France or affiliated with French entities abroad must conform to the same stringent standards.

Protecting whistleblowers, ensuring transparency

The enactment of Loi Sapin II in 2017 marked a significant stride in France’s anti-corruption efforts, aiming to shield companies within its borders from corrupt practices. This legislation not only mandates compliance but also offers a chance for businesses to embrace transparency, thereby reaping a spectrum of tangible and intangible benefits.

To adhere to the stipulations of Loi Sapin II, French companies must establish a whistleblowing system if they meet specific criteria:

  • Corporations with a workforce of at least 50 individuals and municipalities boasting 10,000 or more residents.
  • Corporations with gross revenue exceeding EUR 100 million / year.
  • Foreign subsidiaries of French conglomerates with a global workforce of at least 500 employees.

Critical to implementing a reporting mechanism is ensuring confidentiality and preventing retaliatory actions. This can be achieved by providing secure channels for employees to report misconduct, assuring them of protection against adverse repercussions.

A study indicates that anonymity plays a crucial role in the effectiveness of whistleblowing systems. It offers a protective layer for employees who report misconduct, enabling them to do so without the fear of facing adverse consequences.

Navigating compliance while building trust

Given these stringent criteria, it’s imperative for organizations to invest in whistleblowing platforms that are secure and reliable. One such solution is the Canary whistleblowing System

Canary provides a centralized web application with multiple reporting channels for ease of use. offers a centralized web application with multiple reporting channels, ensuring ease of use for users. Clients can access reports while safeguarding the whistleblower’s identity, including anonymity.

However, while anonymity is crucial for protecting whistleblowers, it can also pose challenges for investigations. This concern occasionally dissuades companies from implementing anonymous reporting systems.

Canary addresses this challenge with its Canary Mute feature, an innovative solution facilitating two-way communication between the whistleblower and the investigator while fully maintaining the whistleblower’s anonymity. With Canary Mute, whistleblowers can submit reports and receive updates without the need to create an account, using only their report identification number and a password.

By embracing advanced technology, companies can effectively navigate the intricate landscape of international anti-corruption regulations while fostering robust, ethical cultures that underpin long-term success.

 

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