Economic Crimes Law: The Janus Ethics Channel as Your First Line of Defense

The Whistleblowing Channel: Cornerstone of the Prevention Model

The enactment of the Economic Crimes Law in August 2023 marks a fundamental change in Chile's regulatory landscape. This legislation, the most substantive reform to the Criminal Code since 1874, establishes a clear and non-negotiable requirement: every company must have an effective prevention model, and the heart of this model is a robust whistleblowing channel.

For directors, managers, and administrators, the message is unequivocal: without a whistleblowing channel that meets the new legal standards, your company is exposed to direct criminal liability.

Why the Janus Ethics Channel is Your First Priority

The Law Explicitly Requires It

The new regulation dramatically expands the catalog of crimes attributable to companies:

• From approximately 10 crimes to over 200 criminal types
• Elimination of exclusive "interest or benefit" requirement
• Specific and more demanding requirements for whistleblowing channels

The Janus Ethics Channel has been specifically designed to meet and exceed these new legal requirements, providing:

• Guaranteed anonymity with end-to-end encryption
• Complete traceability of all reports and investigations
• Automation of legal deadlines and notifications
• Compliance reports ready for audits

Early Detection = Real Protection

An effective whistleblowing channel is not just a legal requirement; it's your early warning system against economic crimes:

First Category of Crimes (Economic functioning):

• The Janus Ethics Channel detects unfair competition before it escalates
• Identifies internal banking system manipulations
• Alerts about possible securities market fraud

Second Category (Patrimonial crimes):

• Detects embezzlement in its early stages
• Identifies disloyal administration by executives
• Prevents internal fraud before materialization

Third Category (Corruption):

• Receives alerts about bribery attempts
• Detects influence peddling in real time
• Prevents collusion in tenders

Fourth Category (Money laundering):

• Identifies suspicious transactions
• Detects capital laundering attempts
• Alerts about operations of dubious origin

Janus Ethics Channel Features that Guarantee Compliance

1. Specific Compliance with the Economic Crimes Law

Automated Periodic Evaluations

• Dashboard with channel effectiveness metrics
• Automatic reports for independent third-party reviews
• Alerts for needed improvements based on actual usage

Transparent Supervision

• Secure access for judicial supervisors if necessary
• Real-time compliance reports
• Complete history of all actions taken

2. Comprehensive Whistleblower Protection

Advanced Anonymity Technology

• Encrypted communication system without IP tracking
• Secure mailbox for anonymous bidirectional communication
• Anti-retaliation protection with post-report monitoring

Legal Protection Framework

• Compliance with whistleblower protection regulations
• Integrated anti-retaliation policies
• Automatic monitoring of whistleblower well-being

3. Efficient Investigation Management

Automated Workflows

• Automatic assignment by report type
• Escalation based on severity and legal deadlines
• Automatic notifications to responsible parties

Forensic Documentation

• Inviolable digital chain of custody
• Record of all investigation actions
• Automatic generation of files for authorities

4. Integration with Your Compliance Ecosystem

The Janus Ethics Channel doesn't operate in isolation. It integrates seamlessly with:

• Existing risk management systems
• Training platforms for ethics and compliance
• Internal audit tools

For organizations seeking a more complete solution, the Janus GRC Suite extends the Ethics Channel capabilities with:

• Comprehensive corporate risk management
• Automation of the entire prevention model
• Continuous compliance monitoring
• Integration with multiple regulations (Ley Karin, data protection, etc.)

The Four Pillars of the New Regulation and How the Ethics Channel Addresses Them

1. Systematization of Economic Crimes

The law establishes four categories of economic crimes, and the Janus Ethics Channel is configured to detect warning signs in each:

Pre-configured report categories:

• Unfair competition and market manipulation
• Fraud and embezzlement
• Corruption and bribery
• Money laundering and suspicious operations

2. Expanded Criminal Liability

With over 200 criminal types now attributable to companies, the Ethics Channel provides:

• Complete taxonomy of possible infractions
• Contextual guides for whistleblowers
• Intelligent routing by crime type

3. Enhanced Prevention Model Requirements

The law toughens requirements for Prevention Models to act as exemptions:

• Exhaustive documentation: The Ethics Channel maintains unalterable records
• Periodic evaluations: Automatic effectiveness metrics
• Continuous updates: System updatable according to regulatory changes

4. New Environmental Criminal Regime

For companies with environmental risks, the Channel includes:

• Specific categories for environmental infractions
• Integration with environmental monitoring systems
• Specialized reports for environmental authorities

Agile and Effective Implementation

Phase 1: Analysis and Configuration

• Assessment of industry-specific risks
• Configuration of categories and workflows
• Integration with existing systems

Phase 2: Deployment and Training

• Secure installation on chosen infrastructure
• Training for administrators and ethics committee
• Customized communication materials

Phase 3: Operation and Optimization

• Monitoring of adoption and usage
• Adjustments based on reporting patterns
• Periodic effectiveness reports

Competitive Advantages of the Janus Ethics Channel

Cutting-Edge Technology

• Cloud-native architecture for scalability
• Military-grade encryption for security
• Intuitive interface for maximum adoption

Comprehensive Compliance

• Multi-regulatory: Complies with Economic Crimes Law, Ley Karin, and more
• Multi-language: Available in Spanish, English, and other languages
• Multi-channel: Web, mobile, phone line, QR codes

Expert Support

• Legal team specialized in economic crimes
• Continuous regulatory updates
• Advisory on investigation best practices

The Path to Total Compliance: From Ethics Channel to GRC Suite

While the Janus Ethics Channel solves the immediate and critical need for compliance with the Economic Crimes Law, many organizations eventually seek more comprehensive management of their risks and compliance.

The Janus GRC Suite represents the natural evolution for companies that:

• Have matured their compliance culture
• Face multiple simultaneous regulations
• Seek efficiencies through integration
• Require predictive risk analysis

Take Action Today

The Economic Crimes Law is already in effect. Every day without an adequate whistleblowing channel is a day of unnecessary exposure to significant criminal risks.

Frequently Asked Questions

Is a formal whistleblowing channel really mandatory?

Yes. The Economic Crimes Law establishes it as an essential component of the prevention model. A simple suggestion box or email address doesn't meet the legal requirements for anonymity, traceability, and investigation management.

What differentiates the Janus Ethics Channel from other solutions?

The Janus Ethics Channel was designed specifically for the Chilean regulatory context, with features that directly respond to the requirements of the Economic Crimes Law, Ley Karin, and other local regulations.

When would I need to upgrade to the complete GRC Suite?

The GRC Suite is ideal when your organization needs to manage multiple types of risks, coordinate audits, maintain compliance matrices for various regulations, or when the volume of operations requires advanced automation.

How is whistleblower identity protected?

The system uses end-to-end encryption, doesn't log IP addresses, allows communication through anonymous unique codes, and has strict information access protocols.

Additional Resources

For organizations seeking to deepen their understanding of the legal aspects of the Economic Crimes Law and its practical implementation, we recommend consulting with specialists in corporate law and compliance.

The team specialized in economic crimes and corporate GRC at Anguita Osorio has developed specific methodologies to help organizations navigate this new regulatory reality, transforming compliance into a strategic business strength.

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For more information on how the Janus Ethics Channel adapts to your organization's specific needs, contact us for a personalized consultation.