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.
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16. Does the whistleblower have to be a direct witness of the violation that they are whistleblowing on?
16. Does the whistleblower have to be a direct witness of the violation that they are whistleblowing on?
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France
France
- at Proskauer
- at Proskauer
The law distinguishes two situations:
- information obtained in the course of professional activity: in this case, indirect knowledge is sufficient; and
- Information not obtained in the course of professional activity; in this case the whistleblower must have personal knowledge of these facts.
For example, if a person said to a co-worker that he had witnessed some illegal behaviour within the company, the co-worker could make a report through the intern alert channel even if he had not directly witnessed the facts.
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Germany
Germany
- at Oppenhoff
- at Oppenhoff
In principle, the whistleblowers do not have to be direct witnesses to a violation. However, they must have obtained information about violations in connection with or before their professional activities. Violation information is defined as a reasonable suspicion or knowledge of actual or potential breaches and attempts to conceal such breaches that have occurred or are very likely to occur (section 3 (3) HinSchG). However, only whistleblowers acting in good faith are protected from any discriminatory measures as a result of their report.
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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
France
Proskauer
Germany
Oppenhoff