Module Learning Objective

design a management structure with cover arrangements and conflict handling

1. Regulatory Concept & Core Standards

Today we will learn to design a management structure with cover arrangements and conflict handling. Throughout the video, consider the difference between knowing a rule and applying it to a decision. We will work through an example, identify a possible failure and develop a response that can be used at work. Setting up a channel involves people, procedures and technology. The platform supports operations, but the organisation still needs clear decisions on responsibilities, information protection and follow-up. This course covers preparing the service before receiving real reports.

Organise receipt and follow-up with impartiality, confidentiality and arrangements for managing conflicts. Whether and to what extent a third party may be engaged depends on the national regime and sector. Before outsourcing, confirm which functions may be delegated and who retains responsibility. A technology provider does not automatically assume every decision or become an external authority.

Apply the following rule: Sapin II distinguishes the reporting procedure from the anti-corruption measures under article 17. For the companies described in article 17(I), the general criteria combine at least 500 employees and turnover exceeding EUR 100 million, with group rules. Since 15 June 2025, article 17(I)(3) also covers the managers of legal entities operating the port installations specified in Transport Code article L.5332-16(2). Check this specific category instead of treating the employee and turnover thresholds as universal. The obligations include the measures listed in article 17(II).

2. Practical Implementation & Procedure

Appoint a primary team and a substitute. Define who can open cases, communicate, decide on follow-up action and authorise closure. Provide an alternative route for cases involving team members or management. Assess availability, training and specialist support. The person configuring the system should not receive access to report content simply because they perform a technical role. 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

The sole channel manager takes three weeks of leave. A report arrives on the first day and nobody monitors the inbox. An automatic notification does not solve the problem: there was no authorised substitute with tested access and clear instructions on the work required. 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: What is the most appropriate preventive measure for the channel manager's absence? 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.

Appoint and prepare a substitute in advance, grant proportionate access and define the period of cover. Substitution must respect conflicts of interest in each case and leave a record of the actions taken.

One mistake to avoid is: assuming that buying software amounts to contracting the entire report-handling service.

Now apply the national rule to a second decision. The team presents every integrity instrument as mandatory in every country. How should the message be revised?

Distinguish what national law actually requires, the conditions for its application to the entity and the proposed good practices. The specific rule just examined must appear in the corresponding procedure. Each duty needs a source; each management choice needs a purpose, an owner and evidence of implementation.

National Legal Framework: Loi Waserman (Loi n° 2022-401), transposing Directive (EU) 2019/1937 of the European Parliament and of the Council on the protection of persons who report breaches of Union law.