Whistleblowing
Contributing Editors
In this new age of accountability, organisations around the globe are having to navigate a patchwork of new laws designed to protect those who expose corporate misconduct. IEL’s Guide to Whistleblowing examines what constitutes a protective disclosure, the scope of regulations across 24 countries, and the steps businesses must take to ensure compliance with them.
Learn more about the response taken in specific countries or build your own report to compare approaches taken around the world.
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02. Which companies must implement a whistleblowing procedure?
03. Is it possible to set up a whistleblowing procedure at a Group level, covering all subsidiaries?
04. Is there a specific sanction if whistleblowing procedures are absent within the Company?
05. Are the employee representative bodies involved in the implementation of this system?
06. What are the publicity measures of the whistleblowing procedure within the company?
07. Should employers manage the reporting channel itself or can it be outsourced?
08. What are the obligations of the employer regarding the protection of data collected related to the whistleblowing procedure?
09. What precautions should be taken when setting up a whistleblowing procedure?
12. What is the legal definition of a whistleblower?
13. Who can be a whistleblower?
14. Are there requirements to fulfil to be considered as a whistleblower?
15. Are anonymous alerts admissible?
16. Does the whistleblower have to be a direct witness of the violation that they are whistleblowing on?
17. What are the terms and conditions of the whistleblowing procedure?
18. Is there a hierarchy between the different reporting channels?
19. Should the employer inform external authorities about the whistleblowing? If so, in what circumstances?
20. Can the whistleblower be sanctioned if the facts, once verified, are not confirmed or are not constitutive of an infringement?
21. What are the sanctions if there is obstruction of the whistleblower?
22. What procedure must the whistleblower follow to receive protection?
23. What is the scope of the protection?
24. What are the support measures attached to the status of whistleblower?
25. What are the risks for the whistleblower if there is abusive reporting or non-compliance with the procedure?
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Contributors
Australia
Pinsent Masons
Austria
GERLACH
Belgium
Van Olmen & Wynant
Brazil
CGM
Croatia
Babic & Partners
Denmark
IUNO
France
Proskauer
Germany
Oppenhoff
India
Khaitan & Co
Ireland
Arthur Cox
Italy
Zambelli & Partners
Japan
City-Yuwa
Latvia
Ellex Klavins
Lithuania
Ellex Valiunas
Luxembourg
Castegnaro
Malta
Camilleri Preziosi
Nigeria
Bloomfield LP
Poland
Baran Książek Bigaj
Portugal
Cuatrecasas
Romania
STALFORT Legal. Tax. Audit.
Singapore
Braddell Brothers LLP
Spain
Cuatrecasas
Sweden
Lindahl
United Kingdom
Proskauer
United States
Proskauer
Contributors
Australia
Pinsent Masons
Austria
GERLACH
Belgium
Van Olmen & Wynant
Brazil
CGM
Croatia
Babic & Partners
Denmark
IUNO
France
Proskauer
Germany
Oppenhoff
India
Khaitan & Co
Ireland
Arthur Cox
Italy
Zambelli & Partners
Japan
City-Yuwa
Latvia
Ellex Klavins
Lithuania
Ellex Valiunas
Luxembourg
Castegnaro
Malta
Camilleri Preziosi
Nigeria
Bloomfield LP
Poland
Baran Książek Bigaj
Portugal
Cuatrecasas
Romania
STALFORT Legal. Tax. Audit.
Singapore
Braddell Brothers LLP
Spain
Cuatrecasas
Sweden
Lindahl
United Kingdom
Proskauer
United States
Proskauer