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Better protection of whistleblowers: new EU-wide rules to kick in 2021

The Council of the European Union formally adopted a new directive on whistleblowers protection after the EU-Parliament already adopted the new rules in April. The new rules will require the creation of safe channels for reporting both within an organisation – private or public – and to public authorities. The directive shall also provide a high level of protection to whistleblowers against retaliation, and require national authorities to adequately inform citizens and train public officials on how to deal with whistleblowing.

The formal adoption of the new directive creates a two-year window of opportunity for EU Member States to take the global lead on protecting whistleblowers as they transpose the directive into national law. Transparency International already published an analysis with recommendations to help Member States pass best-practice national laws that will effectively protect whistleblowers and support anti-corruption efforts in their country.

In the same spirit, the US Department of Justice (DOJ) recently issued an updated guidance on the evaluation of compliance programs in April 2019. This guidance provides important insight into how DOJ will evaluate whether a company has an effective compliance program.

More information: https://www.consilium.europa.eu/en/press/press-releases/2019/10/07/better-protection-of-whistle-blowers-new-eu-wide-rules-to-kick-in-in-2021/

See the policy paper of transparency International here:https://www.transparency.org/whatwedo/publication/building_on_the_eu_directive_for_whistleblower_protection

See the DOJ’s Evaluation of Corporate Compliance Programs here: https://www.justice.gov/criminal-fraud/page/file/937501/download

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