Knowledge Base
Perform the whistleblowing function and manage reporting procedures
What is the primary role of the RCCI in terms of regulatory monitoring?
The RCCI must organise systematic monitoring of several institutional sources to keep the institution in compliance with a constantly evolving regulatory environment. This includes the Official Journal, the AMF website, ESMA, the EUR-Lex portal and the ACPR.
What is the maximum period for providing feedback to a whistleblower according to the law?
According to the law, feedback to the whistleblower must be provided within a reasonable period, capped at three months for external authorities. This deadline is specified to ensure that whistleblowers are informed of the follow-up to their report.
What are the penalties for disclosing the identity of a whistleblower? (Select all relevant answers)
Disclosing the identity of a whistleblower is strictly prohibited and punishable by two years' imprisonment and a 30,000 euros fine. This protection is essential to encourage reporting without fear of retaliation.
What are the institutional sources that the RCCI must monitor for regulatory monitoring? (Select all relevant answers)
The RCCI must monitor several institutional sources to ensure effective monitoring. These sources include the Official Journal for laws and decrees, the AMF website for positions and recommendations, ESMA for European guidelines, the EUR-Lex portal for EU regulations and directives, and the ACPR for banking and insurance matters.
Categorize items by dragging them to the appropriate zones
Items to categorize:
Reporting channels
Legal obligations
Reporting channels include secure channels and a designated referent. Legal obligations include the confidentiality of the whistleblower's identity and the prohibition of discrimination or retaliation. These elements are defined by the decree of 3 October 2022 and Article 122-9 of the Criminal Code.
Regulatory monitoring is limited to providing references to regulatory texts without analysing the practical implications.
According to AMF Position DOC-2014-06, regulatory monitoring must not be limited to references to regulatory texts. It must include a genuine analysis of the practical implications for the institution.
Personal knowledge of the facts is always required for a report to be admissible.
Since the 2022 reform, personal knowledge of the facts is no longer required if the information was obtained in a professional context. This significantly broadens the scope of admissible reports.