Europe: CMS Expert Guide to Whistleblower Protection and Reporting Channels

By CMS

August 11, 2023

Worklaw European member CMS has updated their CMS Expert Guide to Whistleblower Protection and Reporting Channels to reflect legislative developments since 2021 across various global jurisdictions.
 
For companies operating within the EU, legislative changes have been driven by the transposition of the (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law into national laws. However, EU countries weren't the only ones updating their whistleblower protection regulations.
 
The CMS Expert Guide will help answer key questions, such as:

•    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 whistleblowing system?
•    Are there any mandatory requirements for establishing a whistleblowing system 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 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 joint whistleblowing system of various entities in different jurisdictions?
 
The key takeaway is that as long as your company isn't intentionally violating the law, there's no need for concern. CMS can assist you in implementing an internal whistleblower system, setting up an investigation structure, developing a communication strategy to foster employee trust and comfort in reporting suspected wrongful behavior, and ensuring compliance with data protection and labour laws to minimize the risk of unnecessary and costly litigation.
 
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