Mainly during the pandemic, the use of technological resources for performing a job has significantly grown. As a result, the access to such resources in the context of internal investigations has become almost a must. This triggers relevant concerns from a data privacy and a labor perspective.
In June 2022, amendments to the Whistleblower Protection Act, which protects employees who have reported violations of certain laws specified in the WPA, are expected to come into force. Amongst other items, the Amended WPA includes a mandatory obligation for companies of a certain size to establish a whistleblowing system with the aim of ensuring the protection of whistleblowers.
Please join us for a weekly series, hosted by Baker McKenzie’s North America Government Enforcement partners Tom Firestone and Jerome Tomas. This week’s discussion will cover the following: Sentencing in Elizabeth Holmes case; SEC Pays Out Whistleblower Bounty for Overseas Tip; A Discussion of the Geographic Sources of Whistleblower Tips
China has strengthened its commitment to protect personal information by adopting the new Personal Information Protection Law (PIPL 《中华人民共和国个人信息保护法》) which gives data subjects the power to control and determine how, with whom and for what purposes their personal information can be shared, analyzed or handled. Our Firm has previously released a more detailed discussion on the PIPL, which took effect on 1 November 2021.
As part of its post-Brexit trade policy, the UK has established its own independent trade remedies regime. Through its newly-formed Trade Remedies Authority, the UK can now investigate claims of unfair import practices from UK businesses and determine whether the UK Government should introduce trade remedy measures – including anti-dumping duties, countervailing duties and safeguard measures – onto imports into the UK.
ASIC has written to public companies, large proprietary companies and trustees of registrable superannuation entities urging them to review their whistleblowing policies to ensure they are compliant with the Corporations Act 2001.
This week’s discussion will cover the following:
• Tether Holdings CFTC Crypto Settlement: Reminder that the CFTC is asserting a prominent role in the regulation and enforcement of cryptocurrencies.
• SEC Report on January 2021 Market Frenzy: “Staff Report on Equity and Options Market Structure Conditions in Early 2021”
• Will DOJ Prosecute Steve Bannon for Contempt?
This episode goes over the first two fundamental elements of the National Anti-Corruption Commission’s guidelines. The first guidance is where companies’ internal control measures should be strong, visible policies and supported by top-level management to prevent bribery. The second guidance is that companies should conduct risk assessments to effectively identify and evaluate exposure to bribery to government officials.
17 December 2021 is the deadline for all Member States to transpose the new Whistleblower Protection Directive 2019/1937, which obliges businesses with over 50 employees to have a reporting channel. It should be noted that the aim of these new regulations is to exploit the potential for whistleblower protection to strengthen enforcement and set standards for strong protection against any reprisals.
The privilege against self-incrimination has long been a feature of Australia’s common law and recognises the important concept that individuals should not be compelled to incriminate themselves. The privilege has also been protected by legislation, including in sections 128 & 128A of the Evidence Act 1995 (Cth). A recent High Court decision in Deputy Commissioner of Taxation v Zu Neng Shi  HCA 22 considered whether disclosure of privileged information was in the interests of justice.