The rise of whistleblowing: How to create an EU-compliant and practical whistleblower policy
This series of articles will provide you with the tools to ensure you comply with the new Whistleblower Directive. From knowing what changes have been introduced to discussing best practices, based on academic literature, this article covers the full range of topics needed to understand and successfully implement a whistleblowing policy.
In the past few years, scandals such as Cambridge Analytica and the Panama Papers have brought the role of “whistleblower” to the forefront. But what is a whistleblower? In simple terms, the whistleblower is a person working for a private or public institution who, once made aware of legal breaches or wrongdoing, reports and exposes the infringements to the public.
The European Parliament believes that whistleblowers play a key role in safeguarding the welfare of society and deserve additional protection. Whistleblowers may be fearful of reporting concerns. The EU has passed the Whistleblower Directive which is due to be implemented at the national level by 17 December 2021. While this legislation specifically applies to businesses operating in Europe, its broad scope will have a material impact for entities operating both inside and outside of the EU.
EU Whistleblower Directive: new standards applicable across all sectors
Check out this detailed review of the significant changes introduced by the DirectiveClick here
As the Whistleblower Directive radically increases the population of those who can whistleblow (including external parties), it is highly likely that the number of whistleblower complaints will rise in the coming years. Financial institutions were already required through a number of previous measures to have internal whistleblowing policies. Nonetheless, the Directive’s requirements go further and means that entities will be required to upgrade to more sophisticated protocols.
The Whistleblower Directive’s impact on financial sector compliance policies
Read more on the impact of the Directive for financial services firmsClick here
Designing internal procedures to comply with the Directive is far from simple. While many financial services firms have established whistleblowing policies, financial institutions must enhance the procedural protections required by the Directive. The most successful firms will have a robust whistleblower system in place, embedded in a strong culture of ethics, leading to effective control of communication and follow-up actions.
How to implement an effective whistleblower policy: best practices and key findings
Compliance is one thing. Doing it right is another. Discover best practices to improve your organization.Click here
Designing a successful whistleblowing policy requires far more than procedural change. Companies may wish to use this opportunity to not only comply with the Directive but also optimise the way in which whistleblowing forms a part of the overall control environment.
Assessing the compliance of existing policies with the Whistleblower Directive: an institutional case study
Read this case study and sample gap analysis to assess the current level of compliance of your policy with the Directive.Click here
Michael SchweigerLocal Partner Attorney at law / Avocat à la Cour / Solicitor
Michael Schweiger, local partner, is a member of the Banking & Finance practice group in our Luxembourg office. He leads the Luxembourg financial regulatory team and regularly advises banks, e-money and payment institutions, insurers, and other clients regarding financial regulation.T: +352 466 230 520 E: michael.sch[email protected]
Adrien PierreSenior Associate Attorney at law / Avocat à la Cour
Adrien Pierre, senior associate, is a member of the Banking & Finance Practice Group in our Luxembourg office. He advises banks, asset managers, fintechs, payment institutions, insurance companies and other financial institutions on regulatory matters.T: +352 466 230 523 E: [email protected]
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