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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12. What is the legal definition of a whistleblower?
12. What is the legal definition of a whistleblower?
Australia
Australia
- at Pinsent Masons
Broadly, a whistleblower is someone who reports waste, fraud, abuse, corruption, or dangers to public health and safety to someone who is in the position to rectify the wrongdoing (National Whistleblower Center, 2002).
A commonly accepted definition specifies that the act of whistleblowing is:
"…the disclosure by organisation members (former or current) of illegal, immoral or illegitimate practices under the control of their employees to persons that may be able to effect action".[1]
[1] In the Public Interest, 1994 report, prepared by the Senate select Committee on Public Interest Whistleblowing (SCPIW 1994).
Germany
Germany
- at Oppenhoff
- at Oppenhoff
A whistleblower is a natural person who, in the context of his or her professional activity or in the preliminary stages of professional activity, has obtained information about violations and reports or discloses it to the – internal or external – reporting offices provided for under the Whistleblower Protection Act (section 1 (1) HinSchG).
The Whistleblower Protection Act also applies to the protection of persons who are subject to a report or disclosure, as well as other persons who are affected by a report or disclosure, (section 1 (2) HinSchG).