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Dr. Nicolai Behr

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Nicolai is a partner in the Dispute Resolution group of Baker McKenzie, a member of the Global Investigations, Compliance and Ethics Steering Committee and co-heads the Investigations, Compliance and Ethics practice in Germany. Nicolai is a regular speaker and author on compliance, white collar crime, innovation and legal tech topics. He is the inventor of the automated risk assessment and risk monitoring platform Compliance Cockpit and the founder of Global Compliance News. Nicolai is the editor of the knowledge platforms Compliance Lexikon and Litigation Lexikon.

The German Bundestag passed the German Whistleblower Protection Act on 16 December 2022. After initially not being expected to be passed this year, the bill did make it onto the agenda of the last session day of the year at short notice and was passed in a version amended by the Legal Affairs Committee (Rechtsausschuss) with the coalition’s majority. The next step is for the Bundesrat to approve the bill. However, this is not expected until the first plenary session in February 2023 at the earliest.

The EU Whistleblower Directive has been in force since 16 December 2019, and was to be implemented in national law by 17 December 2021. On 27 July 2022, the German Federal Cabinet approved a government draft of the Whistleblower Protection Act, so that — with considerable delay — the further legislative process has been initiated.

We asked Mini vandePol (Head of the Baker & McKenzie Global and Asia-Pacific Compliance Practice Group) and Joanna Ludlam (Head of the Baker & McKenzie EMEA Compliance Practice Group) 10 questions about current compliance trends and developments. Here are their answers which every compliance professional should read attentively: Mini vandePol (Hong Kong)…