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Whistleblowing

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The coalition agreement (Koalitionsvertrag) adopted this week by the future German federal government – which governs the cooperation of the joint coalition government during the upcoming legislative period until 2025 – comprises a number of legislative proposals relevant to corporate compliance and governance structures.

The European Whistleblowing Directive is to be implemented by the European Union’s 27 member states by no later than 17 December 2021 and will impact employers with operations in those jurisdictions. With most of the Member States yet to pass their implementing legislation, employers will face a period of intense activity in the coming months.

This episode goes over the final four fundamental elements of the National Anti-Corruption Commission’s guidelines. These elements are: personnel should have accurate books and accounting records, human resource management policies complementary to anti-bribery measures, companies should have communication mechanisms that encourage the reporting of the suspicion of bribery (whistleblowing), and companies need to review and evaluate anti-bribery prevention measures and their effectiveness.

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.

This week’s discussion will cover the following:
• Details Behind The SEC Whistleblower Award That Pushed the Program Over $1 Billion in Whistleblower Payouts
• SEC v. DAYAKAR R. MALLU – Tipper-Tippee Insider Trading Case – SEC Investigation Tactics and Trends
• Indictment of lawyer by Trump-appointed Special Counsel for lying to the FBI in Russia investigation.

Regulators around the world are seeking to strengthen governance frameworks to deter and prevent the perpetuation of employee misconduct and to stem the “rolling of bad apples.”

In this webinar recording, Eunice Tan and Grace Fung from our financial services regulatory team, and Zhao Yang Ng and Sonia Wong from our employment and compensation team discuss and analyze regulatory developments proposed by the Monetary Authority of Singapore and the Hong Kong Monetary Authority in meeting these objectives.