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Commission introduces new anonymous whistleblower tool
Practical Law UK Legal Update w-006-9633 (Approx. 3 pages)
Commission introduces new anonymous whistleblower tool
by Practical Law Competition
| Published on 16 Mar 2017 • European Union |
On 16 March 2017, the European Commission announced the launch of a new tool to make it easier for individuals to alert the Commission about secret cartels and other antitrust infringements while maintaining their anonymity.
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On 16 March 2017, the European Commission announced the launch of a new tool to make it easier for individuals to anonymously alert the Commission about secret cartels and other antitrust infringements. The tool protects whistleblowers' anonymity through a specifically-designed encrypted messaging system that allows two-way communications. The service is run by a specialised external service provider that acts as an intermediary, and which relays only the content of received messages without forwarding any metadata that could be used to identify the individual providing the information.
The whistleblower tool will complement and reinforce the effectiveness of the Commission's leniency programme, which allows businesses to report their own involvement in a cartel in exchange for a reduction of the fine imposed on them.
The Commission states that, until now, most cartels have been detected through the Commission's leniency programme, which allows businesses to report their own involvement in a cartel in exchange for a reduction of the fine imposed on them (see further Practice note, The European Commission's leniency policy).
The Commission's new whistleblower tool gives an opportunity also to individuals who have knowledge of the existence or functioning of a cartel or other types of antitrust violations to help end such practices. The new system increases the likelihood of detection and prosecution and so stands to further deter businesses from entering or remaining in cartels or carrying out other types of illegal anti-competitive behaviour. It, therefore, complements and reinforces the effectiveness of the Commission's leniency programme.
The new tool protects whistleblowers' anonymity through a specifically-designed encrypted messaging system that allows two-way communications. The service is run by a specialised external service provider that acts as an intermediary, and which relays only the content of received messages without forwarding any metadata that could be used to identify the individual providing the information.
In particular, as well as allowing individuals to provide information, the new tool gives them the option of asking for the Commission to reply to their messages, allows the Commission to seek clarifications and details, preserves the individual's anonymity through encrypted communications and the use of an external service provider, aims to increase the likelihood that the information received will be sufficiently precise and reliable to enable the Commission to follow up the leads with an investigation.
Individuals that are willing to reveal their identity can contact the Commission's competition department directly through a dedicated phone number and e-mail address.
Source: Commission press release IP/17/591 and Anonymous Whistleblower Tool.