Variations in local law can be a risk area for businesses looking to ensure they are fully compliant in all their jurisdictions of operation
Whistleblowing practices are under increasing scrutiny as jurisdictions around the world seek to ensure that staff are adequately protected when they "speak up" in respect of internal misconduct or malpractice.
Businesses are updating their internal whistleblowing policies and procedures to comply with the EU Whistleblowing on the protection of persons who report breaches of Union law (Directive (EU) 2019/1937), as well as local laws being implemented this year, in order to align approaches across their international operations.
Changes afoot, derived from the directive, include a requirement for organisations with more than 50 employees to set up internal reporting channels for whistleblowers, a requirement to have a dedicated person(s) handling any reports, new timescales for responding as well as an obligation on businesses to ensure that whistleblowers are protected against retaliation. Whistleblowing processes also need to be compliant with local data protection laws and the UK/EU General Data Protection Regulation (GDPR).
Below we set out some very high level examples of the overarching position in respect of whistleblowing in several jurisdictions. These examples do not provide the full picture but illustrate the variations that exist between jurisdictions.
Belgium
Belgium has chosen to transpose the directive in two stages:...
Over the last year, beyond traditional healthcare and federal procurement matters, the government has pursued federal False Claims Act (FCA) investigations and enforcement across high-risk areas, i...