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Whistleblower Protection

Are you ready for whistleblowing law?

Welcome to the Whistleblower section on CMS Insight

The Whistleblower Protection Directive was approved by the EU Council on 7 October 2019.

The Directive was originally proposed by EU Green Party MEPs who believe that, had stronger whistleblower protection been in place, the VW emissions scandal might never have happened. The Directive therefore aims to encourage whistleblowing on all kinds of wrongdoing, corruption and immoral behaviour by corporations, including illegal mass surveillance and industrial-scale tax avoidance. 

How is your companies’ whistleblower infrastructure?

Companies have a lot of time to implement a suitable and effective whistleblower infrastructure:  National parliaments have two years to transpose the Directive into law. In various jurisdictions outside the EU there are similar regulations, while others are currently developing them. 

How we can help?

The purpose of this Whistleblower Insight section is to draw companies’ attention to the EU Directive and similar regulations outside the EU, and to inform you via CMS publications, events and trainings on this important piece of legislation. 

We can help you by showing, among other things: 

  • how to put an internal whistleblower system in place 
  • set up a process for handling notices and investigations 
  • make sure that data protection regulations are observed in the process 
  • develop a communication strategy

Contact

Would you like any assistance with ensuring that your company successfully complies with these regulations, please contact us via our key contacts on the page.

Explore more

CMS Ex­pert Guide to whis­tleblower pro­tec­tion and re­port­ing chan­nels
In this Guide, CMS com­pares not just how the dir­ect­ive has been im­ple­men­ted...
28/07/2020
Law­yers on Whis­tleblower Pro­tec­tion and In­tern­al In­vest­ig­a­tions
In Oc­to­ber 2019, when the European Uni­on ap­proved the Whis­tleblower Pro­tec­tion Dir­ect­ive, many EU jur­is­dic­tions re-ex­amined their in­tern­al in­vest­ig­a­tions sys­tems. At the same time, an open dis­cus­sion...
In­tern­al in­vest­ig­a­tions in HR cases – best prac­tices
We­bin­ar series re­cord­ings

Feed

01/06/2022
CMS Next
What’s next? In a world of ever-ac­cel­er­at­ing change, stay­ing ahead of the curve and know­ing what’s next for your busi­ness or sec­tor is es­sen­tial.At CMS, we see ourselves not only as your leg­al ad­visers but also as your busi­ness part­ners. We work to­geth­er with you to not only re­solve cur­rent is­sues but to an­ti­cip­ate fu­ture chal­lenges and in­nov­ate to meet them.With our latest pub­lic­a­tion, CMS Next, our ex­perts will reg­u­larly of­fer you in­sights in­to and fresh per­spect­ives on a range of is­sues that busi­nesses have to deal with – from ESG agen­das to re­struc­tur­ing after the pan­dem­ic or fa­cing the di­git­al trans­form­a­tion. We will also share with you more about the work that we are do­ing for our cli­ents, help­ing them in­nov­ate, grow and mit­ig­ate risk.To be able to provide you with the best sup­port, we im­merse ourselves in your world to un­der­stand your leg­al needs and chal­lenges. However, it is equally im­port­ant that you know who we are and how we can work with you. So, we in­vite you to meet our ex­perts and catch a glimpse of what is hap­pen­ing in­side CMS.En­joy read­ing this pub­lic­a­tion, which we will up­date reg­u­larly with new con­tent.CMS Ex­ec­ut­ive Team
10/02/2022
CMS Ex­pert Guide to whis­tleblower pro­tec­tion & re­port­ing chan­nels
In Oc­to­ber 2019, in the wake of a num­ber of whis­tleblower rev­el­a­tions (es­pe­cially the in­dus­tri­al-scale tax avoid­ance schemes re­vealed in the LuxLeaks scan­dal), the European Uni­on ad­op­ted the Whis­tleblower...
Comparable
18/01/2021
Simpson v Can­tor Fitzger­ald Europe: Whis­tleblow­ing re­mind­er – new year,...
In the realms of whis­tleblow­ing pro­tec­tion un­der the Pub­lic In­terest Dis­clos­ure Act 1998 (PIDA), es­tab­lish­ing if a work­er has made a qual­i­fy­ing pro­tec­ted dis­clos­ure is a key hurdle in de­term­in­ing wheth­er...
14/10/2020
Over­view on the Guidelines on Anti-Mono­poly Com­pli­ance for Un­der­tak­ings
On 11 Septem­ber 2020, the State Ad­min­is­tra­tion for Mar­ket Reg­u­la­tion (“SAMR”) is­sued the first com­pli­ance guidelines on state level from the per­spect­ive of the PRC Anti-Mono­poly Law (“AML”), i.e...
28/07/2020
Law­yers on Whis­tleblower Pro­tec­tion and In­tern­al In­vest­ig­a­tions
In Oc­to­ber 2019, when the European Uni­on ap­proved the Whis­tleblower Pro­tec­tion Dir­ect­ive, many EU jur­is­dic­tions re-ex­amined their in­tern­al in­vest­ig­a­tions sys­tems. At the same time, an open dis­cus­sion...
07/07/2020
In­tern­al in­vest­ig­a­tions on the rise in Switzer­land
What you need to know about best prac­tices and how to pro­tect your com­pany from li­ab­il­ity Whis­tleblower series: Switzer­land A com­bin­a­tion of laws and cor­por­ate best prac­tices have cre­ated a sys­tem...
29/06/2020
Best Prac­tices in HR In­tern­al In­vest­ig­a­tions
This art­icle is pro­duced by CMS Hol­born Asia, a Form­al Law Al­li­ance between CMS Singa­pore and Hol­born Law LLC. Whis­tleblower series: Singa­pore The months of March, April and May 2020 have seen most...
19/06/2020
Ro­mani­an busi­nesses in­creas­ingly turn to in­tern­al in­vest­ig­a­tions
When es­tab­lish­ing the gen­er­al leg­al frame­work for a com­pany's in­vest­ig­a­tion pro­ced­ures, man­agers must con­sider the fol­low­ing gen­er­al prin­ciples: data pri­vacy, con­fid­en­ti­al­ity, anti-dis­crim­in­a­tion and...
16/06/2020
Monaco busi­ness com­munity turns to cor­por­ate in­tern­al in­vest­ig­a­tions
Whis­tleblower series: Monaco For an in­tern­al in­vest­ig­a­tion in Monaco, the spe­cif­ic type of al­leg­a­tion will – in many cases – de­term­ine how an in­quiry should be con­duc­ted. For ex­ample, if an em­ploy­ee...
03/06/2020
Rus­si­an busi­ness able to im­ple­ment in­tern­al in­vest­ig­a­tions des­pite no state...
Whis­tleblower series: Rus­sia Al­though Rus­si­an law con­tains no spe­cif­ic stat­utory reg­u­la­tions on con­duct­ing in­tern­al cor­por­ate in­vest­ig­a­tions, these types of in­quir­ies are com­mon in the Rus­si­an busi­ness...
01/06/2020
Stra­tegic guide: in­tern­al in­vest­ig­a­tions in the UK
Whis­tleblower series In re­cent years there has been a sharp in­crease in in­tern­al in­vest­ig­a­tions in UK busi­nesses. This is in part due to an in­creased fo­cus on eth­ics and gov­ernance and, with­in cer­tain...
26/05/2020
China boasts strong tra­di­tion in con­duct­ing in­tern­al in­vest­ig­a­tions
Whis­tleblower series The Chinese eco­nomy may be young and grow­ing, but its busi­ness com­munity already boasts an es­tab­lished and soph­ist­ic­ated tra­di­tion for con­duct­ing in­tern­al in­vest­ig­a­tions. These...