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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14. Are there requirements to fulfil to be considered as a whistleblower?
14. Are there requirements to fulfil to be considered as a whistleblower?
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Germany
Germany
- at Oppenhoff
- at Oppenhoff
To be qualified as a whistleblower, the person providing the information must have obtained the information in the context of his or her professional activity or in the preliminary stages of professional activity. Information about violations falls within the substantive scope of the Act only if it relates to the employing entity or another entity with which the whistleblower is or has been in professional contact.
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Romania
Romania
- at STALFORT Legal. Tax. Audit.
- at STALFORT Legal. Tax. Audit.
To qualify as a whistleblower and benefit from the protection envisaged for these persons, the individual must:
- belong to the category described in question 13;
- have reasonable grounds to believe that the information reported was true at the time of reporting; and
- have filed an internal or external reporting or public disclosure.
Romanian NGOs have criticised the initial wording of the second condition regarding the whistleblower, which prescribed not only that a whistleblower needed reasonable grounds to believe the information was true, but also that the reporting was necessary. An obligation to verify whether the reporting is necessary or not without any indication what is “necessary” seemed very limitative and was hence deleted from the Draft Law.
In order for a whistleblower to benefit from the remediation measures provided by Law 361, such person must comply with the conditions above and additionally prove that the retaliation suffered was a consequence of the reporting.
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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
Germany
Oppenhoff
Romania
STALFORT Legal. Tax. Audit.