Module Learning Objective

prepare a clearly bounded and independent investigation mandate

1. Regulatory Concept & Core Standards

In this video we will work through a concrete decision: prepare a clearly bounded and independent investigation mandate. The aim is to explain the criterion used and apply it to a workplace situation. We will start with the concept, move to the procedure and finish with a case to solve. An internal investigation seeks to establish facts methodically while respecting the rights involved. It does not replace the authorities or grant police powers to the team. These organisational techniques are good practice and must be adapted to applicable employment, disciplinary, criminal and data protection rules.

The mandate defines what needs clarification, who authorises the work, who investigates and who later decides. It must set limits, resources and reporting arrangements. Vague scope encourages excessive collection and unhelpful findings. The team needs competence and freedom from conflicts. Assess early whether reporting to or involving authorities is mandatory.

Apply the following rule: The law covers EU matters and acts or omissions that may constitute criminal offences or serious or very serious administrative offences. Assess the scope of legal protection separately from any broader ethics policy.

2. Practical Implementation & Procedure

Turn the account into investigation questions. Identify sources, actions, dependencies and risks. Set review points and access rules. Separate investigation from any disciplinary decision and respect its specific procedure. The objective is to establish whether particular facts occurred and under what conditions, rather than to prove a person's guilt. Before moving on, turn this procedure into a sequence you could explain to a colleague. Identify the first check, the action that depends on its outcome and the record that allows the decision to be reconstructed. Follow the sequence on screen and identify the point where an error would change the result.

3. Case Study & Compliance Action

Management asks for an investigation into everything wrong with procurement. The team defines three questions: who changed a criterion, when it changed and how it affected selection. Other indications may justify extending scope later through a documented decision. Now read the case carefully. Separate established facts from information you would still need to confirm. Do not add motives or events that have not been described. This distinction matters when choosing a response proportionate to the information available.

The exercise is as follows: Which formulation is more appropriate: proving favouritism or establishing how the purchasing decision was made? Choose an answer and write one sentence explaining it. During the pause, compare your choice with the criteria we have just considered. Also think about the material you would retain to explain the decision later.

The second, because it does not presume the finding. The plan must allow the allegation to be supported or contradicted. If relevant new facts emerge, scope may be reviewed with appropriate reasons and authority.

One mistake to avoid is: starting an investigation without boundaries, an owner or specific questions.

Now apply the national rule to a second decision. A report is automatically classified as protected because it contains the word corruption. What check is missing?

Read the facts and apply the national scope, context and conditions for protection. A form label helps organise information but does not determine the legal framework. If the case falls outside the regime, identify an appropriate route without unnecessarily disclosing information.

National Legal Framework: Ley 2/2023 (Protección de los Informantes), transposing Directive (EU) 2019/1937 of the European Parliament and of the Council on the protection of persons who report breaches of Union law.