Addressing whistleblower complaints has quickly become front and center for companies in Asia Pacific. Research shows that it is increasingly apparent that whistleblowing programs need to adapt and evolve with the legal and regulatory landscape, and it is vital that management implements a regular review of those programs. Explore Baker McKenzie’s custom research, conducted in collaboration with Acuris Studios, based on responses from 523 senior executives from companies in Asia Pacific.
The European Whistleblowing Directive was to be implemented by the European Union’s 27 member states by no later than 17 December 2021, impacting employers with operations in those jurisdictions. Member states are still passing their implementing legislation, meaning employers are facing a period of intense activity as they adapt to changes in legislation across the region.
Across the world, trade secrets are becoming increasingly important. As companies align workforce transformation, manage supply chain operations and balance the needs of their digital transformation journey, new strategies are required for the identification, protection and enforcement of their most valuable, complex and market-differentiating trade secrets.
In this series of bite-sized videos, hear from Baker McKenzie’s global trade secrets team across disputes, intellectual property, data and technology and employment and compensation on best practices for a strategic, multidisciplinary approach to manage your trade secrets, disputes and risks.
Learn more about our Global Trade Secrets Group and uncover regional trends through the video below:
Best Practices for Maintaining Trade Secrets
Join us on 6 October 2022 in Sydney at the official launch of our new report — Asia Pacific Whistleblowing Landscape: Benchmarking and Best Practices. We will share the results of our recent survey of companies across Asia Pacific in relation to their experiences of whistleblowing complaints and what measures they have adopted. Results of the survey include:
• 41% experienced an increase in reports in the last year
• 42% considered they had received vexatious reports
• 87% had taken disciplinary action in relation to victimization of whistleblowers
Our Asia Pacific Employment & Compensation Team is pleased to provide you with our second quarterly update for 2022 highlighting key employment law changes across the Asia Pacific region.
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.
Since 3 June 2022, a draft of the Whistleblower Protection Act exists, which is supposed to implement the EU directive in Austria. The law is expected to enter into force in the third quarter of the year. After that, companies will still have room for practical implementation, but preparations should be started promptly.
The new Australian Government promises nearly AUD 1 billion in investments to Medicare and general practices as part of a number of policy commitments to healthcare and aged care initiatives.
On 21 May 2022, Australia elected a new federal government, the Australian Labor Party. As part of its campaign, the newly elected Federal Government committed to a number of healthcare and aged care policy initiatives with a strong focus on improving quality and access to primary care.
With increased regulatory scrutiny and the emergence of employee activism, companies have experienced an elevated risk of trade secret disclosure from current or former employees acting as putative whistleblowers. In this episode, Aaron Goodman (Partner, Los Angeles) discussed key factors companies should consider in balancing their trade secret interests against the protections afforded to whistleblowers, with a focus on recent whistleblower laws across the globe.
The settlement of employment disputes include, as standard practice, the addition of a confidentiality clause to settlement agreements. However, what happens when an employee breaches such an agreement by disclosing confidential information during legal proceedings or where the information pertains to wrongdoing by the employer? The Labor Appeal Court in South Africa recently considered this matter.