MAINSYSTEMS 
identify the information needed to assess the organisation's duties
1. Regulatory Concept & Core Standards
Today we will learn to identify the information needed to assess the organisation's duties. 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. An integrity programme connects risks, behaviour, controls and reporting channels. The obligation to protect whistleblowers must be assessed under national law. The prevention measures used in the examples are good practice unless identified as a specific legal obligation applicable to the organisation. The law of 16 May 2023 governs the reporting channel. Proposed risk plans, codes, calendars and control tools are organisational good practice unless a separate applicable rule creates a duty. Public-service or public-procurement requirements must not be generalised to every private business.
The assessment starts with the legal entity, its activities and the territory in which it operates. Count workers using the national criteria, identify whether the entity is public or private, and check sector-specific exceptions. A size threshold does not answer every question. The obligation to establish a channel, whistleblower protection and corruption prevention duties may have different scopes.
Apply the following rule: Article 6 requires internal channels for covered private entities with at least 50 employees. The private threshold must be reached for 12 consecutive months using the statutory calculation. Covered public entities are included, but article 6(5) exempts public or private legal entities with fewer than 50 employees and municipalities with fewer than 10,000 inhabitants. Sector rules and priority provisions may create further duties. Distinguish the employee count from the broader categories of people eligible for protection.
2. Practical Implementation & Procedure
Create a record of the entity's legal form, location, size, regulated activities and group structure. Consult national law and record the conclusion and date. Do not automatically count all subsidiaries as a single entity. Where regional powers apply, identify the relevant territorial legislation as well. Link each duty to the source that establishes it. 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
A fictional company has eighty employees, an association thirty and a public body twenty. The first exceeds the general numerical threshold, but in Luxembourg the private threshold must also be reached for twelve consecutive months under the statutory calculation. For the others, assess sector, legal nature, article 6 exemptions and any separate prevention or channel duties. Do not treat every public body as automatically covered. 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: Can an organisation conclude that it has no prevention duties simply because it has fewer than fifty workers? 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.
No. Size is one factor, but it does not replace an assessment of the entity's nature, sector or territorial rules. The conclusion must distinguish the channel obligation, conditions for protection and prevention measures. A reasoned assessment explains why a particular duty was considered applicable.
One mistake to avoid is: using the fifty-worker threshold as a universal answer across different legal regimes.
Now apply the national rule to a second decision. A subsidiary copies its foreign head office's policy without assessing its own activities and size. What must it check?
Identify the local legal entity, sector, national counting method and any public-sector or territorial regimes. Then link each obligation to a source and a responsible person. A group model can support operations but does not replace this assessment.