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Whistleblower Protection

Are you ready for whistleblowing law?

Welcome to the Whistleblower section on CMS Insight

The Whistleblower Protection Directive was approved by the EU Council on 7 October 2019.

The Directive was originally proposed by EU Green Party MEPs who believe that, had stronger whistleblower protection been in place, the VW emissions scandal might never have happened. The Directive therefore aims to encourage whistleblowing on all kinds of wrongdoing, corruption and immoral behaviour by corporations, including illegal mass surveillance and industrial-scale tax avoidance. 

How is your companies’ whistleblower infrastructure?

Companies have a lot of time to implement a suitable and effective whistleblower infrastructure:  National parliaments have two years to transpose the Directive into law. In various jurisdictions outside the EU there are similar regulations, while others are currently developing them. 

How we can help?

The purpose of this Whistleblower Insight section is to draw companies’ attention to the EU Directive and similar regulations outside the EU, and to inform you via CMS publications, events and trainings on this important piece of legislation. 
We can help you by showing, among other things: 

  •  how to put an internal whistleblower system in place 
  • set up a process for handling notices and investigations 
  • make sure that data protection regulations are observed in the process 
  • develop a communication strategy

Contact

Would you like any assistance with ensuring that your company successfully complies with these regulations, please contact us via our key contacts on the page.

11 June 2020
Whis­tleblow­ing (We­bin­ar)
We will look at why em­ploy­ers will need to be par­tic­u­larly aware of whis­tleblow­ing is­sues dur­ing lock­down and when staff re­turn to the work­place with the heightened aware­ness and sens­it­iv­ity around health and safety com­pli­ance and gov­ern­ment guid­ance. In the ses­sion we will also look at how to identi­fy a whis­tleblower, the leg­al pro­tec­tions that ap­ply to them and prac­tic­al steps for how to handle a whis­tleblow­ing com­plaint, in­clud­ing some ex­amples of par­tic­u­lar is­sues that may arise in the cur­rent crisis.  

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29 June 2020
Best Prac­tices in HR In­tern­al In­vest­ig­a­tions
This art­icle is pro­duced by CMS Hol­born Asia, a Form­al Law Al­li­ance between CMS Singa­pore and Hol­born Law LLC. Whis­tleblower series: Singa­pore The months of March, April and May 2020 have seen most...
16 June 2020
Monaco busi­ness com­munity turns to cor­por­ate in­tern­al in­vest­ig­a­tions
Whis­tleblower series: Monaco For an in­tern­al in­vest­ig­a­tion in Monaco, the spe­cif­ic type of al­leg­a­tion will – in many cases – de­term­ine how an in­quiry should be con­duc­ted. For ex­ample, if an em­ploy­ee...
03 June 2020
Rus­si­an busi­ness able to im­ple­ment in­tern­al in­vest­ig­a­tions des­pite no state...
Whis­tleblower series: Rus­sia Al­though Rus­si­an law con­tains no spe­cif­ic stat­utory reg­u­la­tions on con­duct­ing in­tern­al cor­por­ate in­vest­ig­a­tions, these types of in­quir­ies are com­mon in the Rus­si­an busi­ness...
01 June 2020
Stra­tegic guide: in­tern­al in­vest­ig­a­tions in the UK
Whis­tleblower series In re­cent years there has been a sharp in­crease in in­tern­al in­vest­ig­a­tions in UK busi­nesses. This is in part due to an in­creased fo­cus on eth­ics and gov­ernance and, with­in cer­tain...
25 May 2020
Slov­ak busi­ness em­braces in­tern­al in­vest­ig­a­tions
Whis­tleblower series Like most coun­tries in the EU, more and more Slov­aki­an busi­nesses are ad­opt­ing in­tern­al reg­u­la­tion policies in or­der to en­cour­age em­ploy­ees to com­ply with both the law and com­pany...
25 May 2020
Czech busi­ness in­tern­al in­vest­ig­a­tions
Whis­tleblower series Like some coun­tries in Europe, the Czech Re­pub­lic has no laws that dir­ectly reg­u­late cor­por­ate in­tern­al in­vest­ig­a­tions. In­stead, oth­er laws in­dir­ectly but pro­foundly im­pact how...
25 May 2020
Span­ish com­pan­ies must bal­ance data-pri­vacy and CBA agree­ments when con­duct­ing...
Whis­tleblower series In the Span­ish cor­por­ate world, in­tern­al in­vest­ig­a­tions are largely con­duc­ted to in­vest­ig­ate the fol­low­ing types of mis­con­duct: dis­crim­in­a­tion, har­ass­ment, vi­ol­a­tions of in­tern­al...
15 April 2020
In­tern­al in­vest­ig­a­tions in Croa­tia must not vi­ol­ate em­ploy­ee "dig­nity"...
Whis­tleblower series: Croa­tia With the pas­sage of the Croa­tian Act on the Pro­tec­tion of Per­sons Re­port­ing Ir­reg­u­lar­it­ies, which came in­to force be­fore the 2019 re­lease of the EU­'s Whis­tleblow­ing Dir­ect­ive,...
24 March 2020
In­tern­al in­vest­ig­a­tions in Tur­key sub­ject to lit­any of laws in­clud­ing data...
Whis­tleblower series: Tur­key Des­pite lack­ing a cent­ral law dic­tat­ing in­tern­al in­vest­ig­a­tions, Turk­ish com­pan­ies still must ad­here to clearly defined reg­u­la­tions con­tained in a list of oth­er le­gis­la­tion...
10 March 2020
Cor­por­ate cul­ture in Po­land of­fers best prac­tices for con­duct­ing in­tern­al...
Whis­tleblower series: Po­land CEOS and man­agers seek­ing guid­ance on for­mu­lat­ing pro­ced­ures and policies for con­duct­ing in­tern­al in­vest­ig­a­tions in Po­land should not look for dir­ect guid­ance from the state....
04 March 2020
With­hold­ing facts and the fair­ness of a dis­cip­lin­ary in­vest­ig­a­tion
If an in­vest­ig­at­or fails to share a ma­ter­i­al fact with a de­cision maker, can this af­fect the fair­ness of the dis­missal? On the facts of this case, yes it did. In Ud­din v Lon­don Bor­ough of Eal­ing an in­vest­ig­at­or...
24 February 2020
Bul­gari­an in­tern­al in­vest­ig­a­tions reg­u­lated by col­lec­tion of laws and best...
Whis­tleblower series: Bul­garia No single law gov­erns how an in­tern­al cor­por­ate in­vest­ig­a­tion of cor­rup­tion or wrong­do­ing can be con­duc­ted in Bul­garia. Yet when faced with al­leg­a­tions of wrong­do­ing in...