The term “whistleblower” is fraught – sometimes (and incorrectly) thought of as a self-serving individual or a disloyal employee. But that could not be further from the truth. The role whistleblowers play in identifying and bringing to light corporate misconduct, toxic cultures and the like is vital for the cultural health of any company. In many cases, whistleblowers put their career or reputation at risk by reporting – this is especially true in businesses where a “speak-up” culture may not be fully embraced.  To that end, let’s discuss three things to keep in mind to help businesses be ..read more

This article was originally featured as a Delphi publication.  In our capacity as external receiver of whistleblowing cases for clients, investigator of whistleblowing cases and sounding boards in whistleblowing cases, we are often asked how to determine whether a case is an actual whistleblowing case or not. This question is important in order to determine which obligations an organization has regarding a report received in a whistleblowing function. If it is an actual whistleblowing case, the reporting person is protected against retaliation in the form of, for example, dismissal and re ..read more

Byline: Scott Moritza In hotline investigations it is necessary to suspend cynicism in order to avoid potentially biasing the investigation. This post discusses why investigators must suspend cynicism and bias in whistleblower report intake and investigations to instill trust in the program. This post was originally featured on the White Collar Forensic blog. In most investigative scenarios, it is important to question everything, not take things at face value and to be skeptical including when interviewing witnesses. In hotline investigations however, it is necessary to suspend cynicism ..read more

Our March EU whistleblowing updates webinar explored recent whistleblowing developments and essential actions for effective whistleblowing practices. It also covered new updates specific to the Austrian transposition of the EU Whistleblower Protection Directive.  EU member states were required to transpose the EU Whistleblower Protection Directive into their national law by December 17, 2021. To date, the EU countries that still need to incorporate the Directive into their national whistleblowing laws are the Czech Republic, Estonia, Germany, Hungary, Luxembourg, Poland and Slovakia.  ..read more

An overview of the Directive Since the transposition deadline of the EU Whistleblowing Protection Directive on December 17, 2021, EU countries and organizations have been scrambling (and struggling) to transpose the rules into their respective legal frameworks. The Directive’s purpose is to provide greater protection across EU countries for those wanting to report breaches of EU law. Those who choose to make a report must be provided with clear reporting hotlines and be protected against retaliation, among other requirements outlined in the Directive. EU legal entities with 250 or more employe ..read more

On February 23 2022, the European Commission published a proposal of the Corporate Sustainability Due Diligence Directive (CSDD or the Directive), which would require both EU and non-EU companies operating within the EU to take responsibility for their environmental and social impact – as well as the impact of their suppliers.   If your organization operates within the EU, it will be subject to this Directive when the agreement is confirmed. Member States will have two years to transpose the CSDD into their national legislation. However, whether your organization operates within the ..read more

The entity-level reporting requirement described in the EU Whistleblower Protection Directive (“the Directive”) is one of the more complex aspects of the emerging legal standard. For private organizations with legal entities operating in one or more EU member states, upholding the requirement to empower whistleblowers to choose the entity to which they report, who has access to their report, and who will investigate their case can pose a major challenge. The transposition process remains ongoing in many EU countries, but the Directive and supplementary guidance provided by the Europ ..read more

Takeaways The Department of Justice has increased its focus on whether you have an “efficient and trusted mechanism by which employees can anonymously or confidentially report allegations….” Having a hotline that no one knows about raises the question: “Does the Corporation’s Compliance Program Work in Practice?” A consistent approach to investigations and institutional justice doesn’t happen without planning. Not having written investigative policies, procedures, and guidance can lead to unintended consequences and liability. The investigative plan should consider disruptions to business ope ..read more

Like navigating a ship through a stormy sea, managing business risk involves charting a set course, choosing the right people, and planning carefully – but it also involves reacting nimbly to avoid dangerous conditions or obstacles.  And whether risks are stumbled upon, like a data breach, or seen from afar, like a regulatory change, organizations must be able to quickly identify and manage risks to be successful in the long term.   Integrated risk management (IRM) is a more comprehensive approach to managing risk. Like a map guiding a ship, a solid IRM strategy should provide a ..read more

This first EU Whistleblower Directive webinar of 2023 featured NAVEX whistleblowing expert Jan Stappers and Susan Battye, Partner at Walkers (Ireland) LLP. The session focused on the latest developments in whistleblowing, key steps organizations should take to ensure effective whistleblowing practices are in place, and updates specific to the Irish transposition of the Directive.  By December 17, 2021, EU Member States were required to transpose the EU Whistleblower Protection Directive into their national law. Now, over one year past the deadline, there are still several countries within ..read more