Whistleblower protection and reporting channels in China
- Is there a law on whistleblowing in your country?
- Does local law require private entities to establish a whistleblowing system? (If so, which private entities?)
- What legal risks does an entity face for not establishing a reporting channel?
- Are there any mandatory requirements for establishing a reporting channel under local labour law?
- Does local law require employee involvement when establishing a whistleblowing system?
- Does local law prohibit employees from disclosing irregularities/misconduct externally, e.g. to the public?
- Is there legal whistleblower protection aimed at preventing discrimination against or dismissal of a whistleblower (as employee) under local labour law?
- Are there any mandatory requirements and/or accompanying measures under local data protection law?
- Does local law prohibit a group of entities from different jurisdictions from setting up a joint whistleblowing system?
jurisdiction
1. Is there a law on whistleblowing in your country?
No, there is no such law on whistleblowing in China.
2. Does local law require private entities to establish a whistleblowing system? (If so, which private entities?)
No, the Chinese law does not require private entities to establish a whistleblowing system.
3. What legal risks does an entity face for not establishing a reporting channel?
The Chinese law does not impose any legal liability on an entity for not establishing a whistleblowing system.
4. Are there any mandatory requirements for establishing a reporting channel under local labour law?
No, there are no mandatory requirements for establishing a whistleblowing system under Chinese labour law.
5. Does local law require employee involvement when establishing a whistleblowing system?
No.
6. Does local law prohibit employees from disclosing irregularities/misconduct externally, e.g. to the public?
The Chinese statutory law does not expressly prohibit employees from disclosing irregularities/misconduct externally, as long as the disclosure does not infringe the legitimate right and interest (e.g., privacy right) of the relevant persons.
7. Is there legal whistleblower protection aimed at preventing discrimination against or dismissal of a whistleblower (as employee) under local labour law?
No, there is no such statutory protection under Chinese labour law aimed at preventing discrimination against or dismissal of a whistleblower (as employee).
8. Are there any mandatory requirements and/or accompanying measures under local data protection law?
The PRC Personal Information Protection Law does not provide any requirements specifically for a whistleblowing system. However, if any personal data needs to be processed under a whistleblowing system, the provisions of the PRC Personal Information Protection Law must be complied with.
9. Does local law prohibit a group of entities from different jurisdictions from setting up a joint whistleblowing system?
No, the Chinese law contains no such prohibition.