Almost all EU Member States have now implemented Directive (EU) No. 2019/1937 “on the protection of persons who report breaches of Union law” (the “Whistleblower Directive”) and the last deadlines for companies to put whistleblowing processes in place passed at the end of last year.

The Whistleblowing Directive, and the implementing laws at national level, require companies with more than 50 employees to put whistleblowing systems in place that provide for a confidential and secure avenue for reports to be made and require reports to be investigated and followed up within certain time frames.

While the Whistleblower Directive sets out minimum requirements to be met by reporting systems, many Member States have adopted laws that go beyond those minimum requirements. Further, there are aspects that are not prescribed or made clear in the Directive and which have been legislated differently by Member States (e.g., the obligation to follow-up on anonymous reports or the ability to establish a group-wide reporting system). Members of our Corporate Crime & Investigations team from offices across the EU have compiled a publication which provides an overview of the minimum requirements provided in the Whistleblowing Directive, followed by an overview of how the Directive has been implemented across several Member States. The publication maps differences in the implementation of the Directive, which will be of particular interest to multinational companies with presence in several EU countries.

Many of our clients across the EU are already seeing a marked uptick in internal reporting as result of the Whistleblowing Directive. Companies will need to ensure that robust and effective systems are put in place to ensure that reports are triaged and dealt with effectively in accordance with the new legal requirements.

Request a copy of the publication here.

 

Kyle Wombolt
Kyle Wombolt
Partner, Global Head – Corporate Crime and Investigations, Hong Kong
+852 21014005
Jonathan Mattout
Jonathan Mattout
Partner, Paris
+33 1 53 57 65 41
Dirk Seiler
Dirk Seiler
Partner, Frankfurt
+49 69 2222 82535
Enrico Mancuso
Enrico Mancuso
Partner, Milan
+39 02 3602 1431
Miguel Garcia-Casas
Miguel Garcia-Casas
Of Counsel, Madrid
+34 91 423 4025
Lode Van Den Hende
Lode Van Den Hende
Partner, Brussels
+32 2 518 1831
Susannah Cogman
Susannah Cogman
Partner
+44 20 7466 2580
Stuart Paterson
Stuart Paterson
Partner, Dubai
+971 4 428 6308
Cameron Dunstan-Smith
Cameron Dunstan-Smith
Partner, Johannesburg
+27 10 500 2692
Scott Balber
Scott Balber
Partner, New York
+1 917 542 7810
Jacqueline Wootton
Jacqueline Wootton
Partner, Brisbane
+61 7 3258 6569
David Chen
David Chen
Partner, Shanghai
+852 21014127
Christopher Clay
Christopher Clay
Of Counsel, Tokyo
+81 3 5412 5426