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On 23 October 2019, the European Parliament and the Council adopted Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law, informally referred to as the “EU Whistleblower Directive”.
Belgium has implemented the EU Whistleblower Directive separately for the public and the private sectors, with the Act of 8 December 2022 on reporting channels and protection of whistleblowers in federal public sector bodies and the integrated police, and the Act of 28 November 2022 on the protection of whistleblowers of breaches of Union or national law established within a legal entity in the private sector, published on 15 December 2022, which came into effect on 15 February 2023.

The Belgian act implementing EU Directive 2019/1937 (“Whistleblower Act”) requires legal entities in the private sector to establish channels and procedures for internal reporting and follow-up of reports in specific areas. In this context, the Whistleblower Act established a particular method to calculate the employee headcount within the legal entity with reference to the Belgian legislation on the social elections. However, there has been some uncertainty about how this reference should be applied in the context of the Whistleblower Act.

In a series of webinars around the world, join our practitioners to uncover what is driving the future of disputes in Asia Pacific, Europe and the Americas through a global lens and gather key insights from battle-tested litigators on managing complex and multijurisdictional disputes, strengthening your organization’s litigation preparedness, and staying abreast of the emerging trends and challenges shaping the disputes landscape in the medium-to-long term.

Our Future of Disputes UK Virtual Programme brings speakers from leading in-house institutions – including AON, Gilead, GPW Group, HSBC, JP Morgan, Rio Tinto, Salesforce and Siemens – together with Baker McKenzie dispute resolution specialists to discuss key challenges in litigation, arbitration and investigations likely to arise over the next year. The upcoming webinars will take place on Wednesday 18 May and Thursday 19 May.

In response to increased global enforcement, Baker McKenzie partners developed their unique Investigations Academies, a highly practical and interactive offering that serves to train and educate clients in all aspects of dealing with internal and regulator-imposed investigations. These bespoke training sessions are designed to enhance a company’s existing compliance program and are targeted at increasing awareness within the compliance and legal functions, as well as the broader business leadership group, including HR, finance, commercial, IT and procurement. Click here to access the Investigations Academies brochure.

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.

In 2010, public Delaware corporations began adopting forum provisions to require various types of “intra-entity” disputes — claims that directors breached their fiduciary duties in approving a sale transaction — be made solely in Delaware courts. However, over the past decade, this has now been shaped into a boilerplate provision under U.S. securities law.

The latest issue of the China employment law series looks at: what employers need to consider under the New Personal Information Protection Law, new measures to protect gig worker labor security rights and interests, the illegality of the ‘996’ work system, flexible employment measures for the Free Trade Zone enterprises, Shanghai court rulings on office phone conversations being used as evidence, Beijing court rulings on lawful dismissal, Shenzhen court rulings on dismissal, and new protection for delivery workers.