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seconD eDition
A study by DlA Piper’s employment group
WhistlebloWing
An employer’s guide to global compliance
contents
Foreword 03
A summary across five continents 04
Law and sanctions 05
The legislative framework: Whistleblower protections 10
across the globe
Global differences: The cultural context 35
Whistleblowing hotlines 41
Implementing a global approach 45
At a glance: Protection ratings across the globe 49
Our Global Employment Team 50
Contact us
seconD eDition A
contents Foreword
FoReWoRD tim Marshall Global Co-Chair
A sUMMARY AcRoss FiVe continents WhistlebloWeR
lAW AnD sAnctions Legal protection for whi
stRiKing A bAlAnce The reporting of wrongdoing di
differences not only between, but also within, co
protection of whistleblowers was rejected by Parl
The US offers comprehensive protection of
the legislAtiVe FRAMeWoRK: WhistlebloWeR PRotecti
AUstRAliA Whistleblowing laws in Australia a
PRotecteD DisclosURes The Corporations Act prohib
WhistlebloWing – cAnADA While the Canadian
servants in many provinces may make a complaint t
liAbilitY FoR RetAliAtion bY co-WoRKeRs Prohibite
16 | Whistleblowing – An employer’s guide to
chinA China has realized the important role
PRotecteD DisclosURes The disclosures and/or acti
FRAnce French authorities have until recentl
have been expanded so that reports on harassment
geRMAnY It is fair to say that whistleblowin
who has blown the whistle can be personally liabl
hong Kong There have been steps in the right
– disclosure of corruption and bribery conduct
JAPAn As the relationship between employers
■ the worker was requested by the employer, with
netheRlAnDs Whistleblowing is currently a ho
The new law will create a new organization, calle
soUth AFRicA South Africa, having come out
A disclosure is defined by the PDA as any disclos
UK Whistleblowing is currently riding high
whom workers can make disclosures which includes
Us The concept of employee whistleblower pr
protects covered employees who report alleged vio
globAl DiFFeRences: the cUltURAl context Gover
As highlighted in law and sanctions there is sign
Another reason for the lack of rigorous whistlebl
Netherlands, France, Japan, Australia, Hong Kong
reporting to authorities is required if the situa
without a tribunal hearing. However, the inclusio
WhistlebloWing hotlines Corporate compliance h
When implementing a global code of ethics or comp
Whistleblower hotlines have not been particularly
hotline solUtions Emerging regulatory guidance an
iMPleMenting A globAl APPRoAch Given the diffe
WhY hAVe A RobUst WhistlebloWing PRocess? ■ Goo
Our checklists below will assist employers to foc
■ Provide information to the employee about the
At A glAnce: PRotection RAtings AcRoss the globe
oUR globAl eMPloYMent teAM DLA Piper’s Employmen
noRWAY PolAnD Per benonis
contAct Us AboUt DlA PiPeR’s eMPloYMent gRoUP