1. Is there a law on whistleblowing in your country?
There is currently no unified law on whistleblowing in Monaco although Bill n987 – related to the protection of whistleblowers in the context of labour relations, which is currently pending – will implement such legislation pursuant to Recommendation CM/Rec(2014)7 adopted by the Committee of Ministers of the Council of Europe on 30 April 2014 as well as the applicable case law from the European Court of Human Rights.
For now, whistleblowing rules are rare and scattered among several laws.
2. Does local law require private entities to establish a whistleblowing system? (If so, which private entities?)
Private entities named by Law n1,362 of 3 August 2009 on money laundering, terrorist financing, and corruption are required to establish a whistleblowing system related to this law. These entities include financial institutions, multi-family offices, real estate agents, and many others. Please see our publication related to Anti-Money Laundering Law & Whistleblower for more information.
Likewise, private employers must, pursuant to Law n1,457 of 12 December 2017, establish a whistleblowing system related to harassment and violence in the workplace in order to investigate and act upon any report of such behavior.
3. What legal risks does an entity face for not establishing a reporting channel?
Law n1,362 of 3 August 2009 expressly provides for administrative sanctions, ranging from a warning to the withdrawal of the...
A nursing home run by the family of Kim Keon-hee lost the first trial in a lawsuit seeking to cancel the National Health Insurance Service's disposition to claw back about 1.4 billion won in long-...