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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

July 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 arose in busi­ness com­munit­ies in the EU and around the world on the cru­cial im­port­ance of hav­ing ef­fect­ive in­tern­al in­vest­ig­a­tions and Whis­tleblower sys­tems in place. With much to say on these top­ics, CMS joined the dis­cus­sion.It is uni­ver­sally agreed that the ab­sence of prop­er pro­tec­tion and ac­cess­ible dis­clos­ure chan­nels for busi­nesses is dan­ger­ous to their in­terests. It is also un­der­stood that Whis­tleblowers do not dam­age com­pan­ies, but rather strengthen and pro­tect them from dis­astrous pro­sec­u­tions and em­bar­rass­ing news head­lines. In­tern­al in­vest­ig­a­tions can be ar­du­ous and un­pleas­ant, but they are a ne­ces­sary part of a com­pany’s main­ten­ance. As there is no single in­tern­al-in­vest­ig­a­tion strategy that ap­plies to all com­pan­ies and jur­is­dic­tions, the ex­perts, au­thors and speak­ers who have com­piled this manu­al of­fer a vari­ety of solu­tions, shar­ing their hands-on ex­per­i­ence and in­sights with ma­ter­i­al that re­flects the di­versity of the busi­ness world’s many mar­kets and the unique tra­di­tions and le­gis­lat­ive en­vir­on­ment of each.Every year the CMS Em­ploy­ment Group or­gan­ises a glob­al we­bin­ar series. This year, mark­ing our tenth ju­bilee, the series ex­plored the top­ic of in­tern­al in­vest­ig­a­tions and Whis­tleblow­ing. Con­duc­ted between Novem­ber 2019 and May 2020, the series – or­gan­ised by Katar­zyna Dulewicz, em­ploy­ment part­ner at CMS Po­land and CEE Head of Em­ploy­ment at CMS CMNO, and her team covered 24 jur­is­dic­tions and edu­cated thou­sands of people on the key points of con­duct­ing a suc­cess­ful in­tern­al in­vest­ig­a­tion in a way that pro­tects both em­ploy­ers and em­ploy­ees.Art­icles and pod­casts based on the we­binars were pub­lished after the on­line present­a­tions, which we would like to share with you in this volume. We thank those of you who at­ten­ded the ses­sions and the many par­ti­cipants who provided valu­able feed­back.And to all the read­ers of this manu­al, we wish you good luck in ap­ply­ing these prin­ciples and strategies in your work­places.For more in­form­a­tion on how to im­ple­ment in­tern­al-in­vest­ig­a­tions solu­tions that are best suited to your com­pany, mar­ket and jur­is­dic­tion, do not hes­it­ate to con­tact us dir­ectly or vis­it the in­sights sec­tion Whis­tleblower Pro­tec­tion on our web­site.
In­tern­al in­vest­ig­a­tions in HR cases – best prac­tices
We­bin­ar series re­cord­ings

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July 2020
Law­yers on Whis­tleblower Pro­tec­tion and In­tern­al In­vest­ig­a­tions
07 July 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 June 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 June 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 June 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 June 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 June 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 May 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...
25 May 2020
Span­ish com­pan­ies must bal­ance data-pri­vacy and CBA agree­ments when con­duct­ing...
Whis­tleblower series In the Span­ish cor­por­ate world, in­tern­al in­vest­ig­a­tions are largely con­duc­ted to in­vest­ig­ate the fol­low­ing types of mis­con­duct: dis­crim­in­a­tion, har­ass­ment, vi­ol­a­tions of in­tern­al...
25 May 2020
Czech busi­ness in­tern­al in­vest­ig­a­tions
Whis­tleblower series Like some coun­tries in Europe, the Czech Re­pub­lic has no laws that dir­ectly reg­u­late cor­por­ate in­tern­al in­vest­ig­a­tions. In­stead, oth­er laws in­dir­ectly but pro­foundly im­pact how...
25 May 2020
Slov­ak busi­ness em­braces in­tern­al in­vest­ig­a­tions
Whis­tleblower series Like most coun­tries in the EU, more and more Slov­aki­an busi­nesses are ad­opt­ing in­tern­al reg­u­la­tion policies in or­der to en­cour­age em­ploy­ees to com­ply with both the law and com­pany...
15 April 2020
In­tern­al in­vest­ig­a­tions in Croa­tia must not vi­ol­ate em­ploy­ee "dig­nity"...
Whis­tleblower series: Croa­tia With the pas­sage of the Croa­tian Act on the Pro­tec­tion of Per­sons Re­port­ing Ir­reg­u­lar­it­ies, which came in­to force be­fore the 2019 re­lease of the EU­'s Whis­tleblow­ing Dir­ect­ive,...