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Survey Answer:

No, there are no specific regulations on whistleblowing in Uruguay.
However, Act 18,331 must be taken into consideration concerning whistleblowing hotlines.
In addition, the URCDP usually follows European regulators’ criterion as well as article 29 Working Party´s guidelines.
Moreover, from both data privacy and labor perspectives, when implementing whistleblowing, employees must be informed about: (a) the fact that a whistleblowing hotline will be implemented; (b) the data controller of the database that will be created, and its address; (c) the possibility and way to exercise data subjects’ rights under the law; (d) the possible recipients of their data in case data processors are involved in the process; and (e) the countries to which their data may be sent.
The following principles must be also met:
- Veracity principle: personal data collected must be truthful, adequate and non-excessive in connection with the purpose for which they are collected.
- Purpose limitation principle: personal data collected cannot be used for purposes that differ from or are incompatible with those for which they were obtained, and must be deleted once they are no longer useful for said purposes.
In addition, note that anonymous whistleblowing is permissible. However, it is advisable for reports to be identified, since as a rule personal data should only be collected fairly, and only identified reports would satisfy this requirement. Whistleblowing may be permissible as long as it is not the usual way to make a complaint. Whistleblowing schemes should ensure confidentiality of the whistleblower´s identity, but they should not be based on anonymous reports. If the reporting person does not want to reveal his/her identity, the report should in any case be accepted into the scheme.

Provided By:
Martin Pesce, Ferrere Abogados