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In Part 3 of our series, we’ll look at the standard of proof, the conduct of interviews, how each country aims to protect confidentiality and whistleblowers, and privacy....more
In Part 2 of our series, we’ll look at who forms part of an investigation team, how location affects which laws apply to an investigation, notification and timing requirements. (Part 1 covers the definition of ‘workplace’...more
The European Union adopted the Whistleblower Protection Directive in 2019, seeking to establish a uniform complainant protection regime across EU Member States for individuals that report violations of a wide range of EU...more
5 developments to read for October in less than 5 minutes - Prepare: Extensive overhaul of UK workers' rights - The UK government published its Employment Rights Bill 2024. The Bill contains 28 new measures, many of which...more
The Employment Rights Bill felt like the only game in town in October. Since its publication, the government has launched four consultations on different aspects of the Bill. The duty to prevent sexual harassment came into...more
This week we summarise three very recent developments in employment law, one involving the Employment Rights Bill (ERB) and two new cases....more
The European Commission has published a report on the implementation and application of the EU Whistleblowing Directive. The Directive aims to guarantee a high level of balanced and effective protection for persons who report...more
Starting as of 17 December 2023, the new (more strict) requirements of the Dutch Whistleblower Protection Act regarding internal reporting procedures for whistleblowers now also apply to midsize employers (those with 50-249...more
Polska jest bliska przyjęcia przepisów o ochronie sygnalistów, czyli implementacji dyrektywy (UE) 2019/1937 z dnia 23 października 2019 r. w sprawie ochrony osób zgłaszających naruszenia prawa Unii. Projekt ustawy o ochronie...more
Poland is close to adopting provisions concerning whistleblower protection, namely the implementation of Directive (EU) 2019/1937 of 23 October 2019 on the protection of persons who report breaches of Union law. The draft of...more
Since its enactment in 2019, the European Union (“EU”) Directive on Whistleblowing 2019/1931 (“EU Directive”) has required all 27 EU Member States to incorporate certain requirements pertaining to the protection of...more
In this issue of Employment Flash: the new DOL rule on independent contractors, SCOTUS’s unanimous Sarbanes-Oxley whistleblower ruling, plus labor law developments in California, Delaware, D.C., New York, the EU, Germany and...more
In this issue, we discuss upcoming regulatory changes as well as recent court decisions with far-reaching implications, including case law on the need to replace share awards on a TUPE transfer and a UK Supreme Court ruling...more
Implementation of the EU’s 2019 whistleblowing directive is a priority of the new Polish government. Despite its status as the fifth largest economy in the EU, Poland is the only EU member state that has not yet...more
On December 13, 2023, the Legislative Chamber of Costa Rica passed Bill No. 23,449, “Protección de las personas denunciantes y testigos de actos de corrupción contra represalias laborales” (Law for the protection of...more
The EU Whistleblowing Directive has been implemented in Belgium and SMEs have only until 17 December to act. Here we consider some of the key details of the new Belgian legislation....more
Protection of whistleblowers has been on the EU’s agenda for quite some time. Four years ago the EU issued the EU Whistleblowing Directive throughout its Member States....more
While the area is still developing, some whistleblower protections are already on the books in the UAE. ...more
Germany’s new Whistleblower Protection Act is now in force. Large and medium-sized companies need to act quickly to comply and avoid possible fines....more
Last March, Italy passed the Legislative Decree n. 24/2023, which implemented the EU Directive n. 2019/1937 introducing relevant changes and obligations for employers in terms of whistleblowing. As a result, companies with...more
Mit dem Inkrafttreten des Hinweisgeberschutzgesetzes (HinSchG) am 2. Juli 2023 stehen Unternehmen vor neuen datenschutzrechtlichen Herausforderungen. Regelmäßig enthalten bei einer Meldestelle eingehende Hinweise...more
Whistleblowing is an important mechanism to uncover and prevent illegal or unethical activities within an organization. To strengthen the protection of Whistleblowers across member states, the European Union adopted the...more
With a delay of almost one and a half years, the German legislator has implemented the so-called Whistleblower Directive (Directive (EU) 2019/1937) into German law: In mid-December 2022, the German Bundestag had passed the...more
Düsseldorf, May 12, 2023 – Today, the German Federal Council (Bundesrat) approved the act on the implementation of the Whistleblower Directive (“German Whistleblower Protection Act” – HinSchG), after several delays and...more
As the last of the EU member states implement the Whistleblower Directive, we recap the new rules employers need to be aware of, and give our views on whether a ‘one size fits all’ approach is feasible....more