Whistleblowing now and in the future including EU 12/2021 DEADLINE
13/05/2020
The issue
- Currently less than half of all EU countries have whistleblower protection legislation in place, and by the same token, thousands of organisations will need to set up new, or revise their existing, whistleblowing systems and policies.
- By December 2021, all EU member countries will have to meet the minimum standards provided by the new EU Whistleblower Protection Directive.
- https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32019L1937&from=EN
What To Do
- Here is an overview of FAQs relating to the new requirements and what companies should be doing. https://www.lexology.com/library/detail.aspx?g=9534492b-dded-4fc2-95ff-a0e1df914068
- What is important for companies to keep in mind is that the Directive sets only minimum standards to ensure effective whistleblower protection. https://www.lexology.com/library/detail.aspx?g=49567beb-de35-4dd7-89b9-2cb1d168618b
- Organisations will be required to appoint a person or persons with the right competence to manage reports professionally and requires processes that include prompt response, diligent follow-up and timely feedback.
- It also requires companies to implement a secure system to handle the reports, prevent access to non-authorised staff members and retain the confidentiality of both the whistleblower and anybody mentioned in the report, throughout the entire case.
- Companies will also be obligated to inform employees clearly about their rights and options for reporting externally to competent authorities.
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As well as owning and publishing Comsure's copyrighted works, Comsure wishes to use the copyright-protected works of others. To do so, Comsure is applying for exemptions in the UK copyright law. There are certain very specific situations where Comsure is permitted to do so without seeking permission from the owner. These exemptions are in the copyright sections of the Copyright, Designs and Patents Act 1988 (as amended)[www.gov.UK/government/publications/copyright-acts-and-related-laws]. Many situations allow for Comsure to apply for exemptions. These include 1] Non-commercial research and private study, 2] Criticism, review and reporting of current events, 3] the copying of works in any medium as long as the use is to illustrate a point. 4] no posting is for commercial purposes [payment]. (for a full list of exemptions, please read here www.gov.uk/guidance/exceptions-to-copyright]. Concerning the exceptions, Comsure will acknowledge the work of the source author by providing a link to the source material. Comsure claims no ownership of non-Comsure content. The non-Comsure articles posted on the Comsure website are deemed important, relevant, and newsworthy to a Comsure audience (e.g. regulated financial services and professional firms [DNFSBs]). Comsure does not wish to take any credit for the publication, and the publication can be read in full in its original form if you click the articles link that always accompanies the news item. Also, Comsure does not seek any payment for highlighting these important articles. If you want any article removed, Comsure will automatically do so on a reasonable request if you email info@comsuregroup.com.