Building a Compliant and Effective Whistleblowing Framework: Key Considerations for Firms
The DFSA’s recent ‘Whistleblowing Thematic Review ‘highlights areas where many regulated entities are falling short. This review serves as a reminder for firms to assess their whistleblowing systems and ensure they are effective, secure, and fully aligned with regulatory requirements.
Key elements of a strong Whistleblowing Framework:
1. Whistleblower Protection
The protection of whistleblowers is paramount. Your firm should have clear policies that:
- safeguard whistleblowers from retaliation
- ensure confidentiality and anonymity
- inform whistleblowers of their legal protections under DFSA rules.
2. Clear Policies and Procedures
Whistleblowing policies must be comprehensive and regularly updated to:
- outline how concerns are reported and escalated internally and to the DFSA
- ensure compliance with DFSA rules (e.g., General Module (‘GEN’) Rule 5.4, Auditor Module (‘AUD’) Rule 4.11)
- align with both global and local legal requirements.
3. Effective Governance and Oversight
Strong governance is key. Ensure:
- regular updates on whistleblowing cases are provided to senior management
- implementing a clear risk rating system for triaging and escalating cases based on risk rating or materiality
- root cause analyses are conducted for reported issues
- feedback mechanisms are in place to keep whistleblowers informed.
4. Employee Training and Awareness
Firms should provide regular training and increase awareness among employees on:
- whistleblowing process and their protections
- how to report concerns confidentially and securely
- reinforcing the importance of transparency through mandatory training sessions
- promote awareness of whistleblowing through different campaigns, emphasising the positive outcomes driven by whistleblowing.
5. Secure and Accessible Reporting Channels
Firms must provide multiple, secure ways for employees to report concerns, including:
- clear communication on available reporting channels including anonymous reporting options
- multiple reporting channels
- up-to-date contact information and methods (hotlines, emails, etc.).
6. Feedback to Whistleblowers
Provide whistleblowers with regular updates on the status of their reports, including:
- timely feedback and clear timelines for resolution
- communication on actions taken following the investigation.
7. Ongoing Monitoring and Audits
To ensure effectiveness, incorporate whistleblowing into your internal audit or compliance program. This includes:
- regular monitoring of key whistleblowing metrics (e.g., case volume, resolution time)
- independent audits to evaluate system performance and compliance with DFSA requirements.
8. Record Keeping and Compliance
Maintain comprehensive, secure records of all whistleblowing reports, ensuring:
- accurate documentation of each report and its resolution
- compliance with DFSA’s record-keeping requirements, including details on individuals with knowledge of the report.
Taking Action: Addressing Gaps and Enhancing Your System
The DFSA review revealed that many firms still have significant gaps in their whistleblowing systems. Some have failed to integrate their systems into their compliance monitoring programs or have not ensured anonymity for whistleblowers. Others have outdated reporting channels that need updating.
Firms must act to:
- review and enhance their whistleblowing systems to align with DFSA guidelines
- take corrective actions based on audits and internal reviews
- ensure that whistleblowing systems are accessible, secure, and effective.
We are here to help
A well-structured whistleblowing framework is crucial for compliance with DFSA regulations and for maintaining a culture of accountability. The DFSA’s recent review serves as an important reminder for firms to regularly evaluate and update their whistleblowing arrangements.
If your organisation needs support in evaluating or enhancing its whistleblowing procedures, we can help. Our consultancy services ensure that your systems are DFSA-compliant, secure, and effective in protecting both your employees and your organisation’s reputation.
Contact us today to learn more about how we can assist you in strengthening your whistleblowing framework.
