Recent events, including a significant judgment from the UK Supreme Court and the adoption of a landmark European Union directive, have put the spotlight on whistleblowing once again.
When faced with a whistleblower disclosure, there is plenty to keep GCs up at night, from ensuring that the report is properly investigated to preventing reprisals. But it has become increasingly clear that whistleblowers play an invaluable role in ensuring corporate compliance and that, for the good of the organisation, whistleblowing should be made as easy and effective as possible. Nearly half of the respondents to Kroll’s 2017/18 Global Fraud and Risk report indicated that whistleblowers uncovered instances of fraud within their organisations.
In the area of whistleblowing, as elsewhere, legal departments face the daunting task of reducing costs while managing increasing legal complexity. Meeting this challenge requires clarifying how the legal team fits into the whistleblowing process, as well as fostering a culture that encourages people to speak up. Understanding the changes that technology is bringing to whistleblowing is a critical step in ensuring that an organisation’s whistleblowing procedures are up to scratch.
