Katherine D. Ashley, Gary DiBianco, Dana H. Freyer, Matthias Horbach, Pierre Servan-Schreiber of Skadden, Arps, Slate, Meagher & Flom LLP put together a nice article addressing the challenges of exporting the whistleblower requirements under Section 301 of Sarbanes-Oxley to operations in the European Union: Whistleblower Programs: Challenges for Multinational Companies. Section 301 of the Sarbanes-Oxley…
Tag: CNiL
CNiL Information on Whistleblower Systems
To follow-up on French Data Protection Authority Blocks SOX Whistleblower Programs and Whistleblowers in France, here is CNiL‘s FAQ on whistleblowing systems and guideline document for whistleblower systems. CNiL defined a set of rules to be followed for whistleblower systems to be compatible with French data protection laws: Unique Authorisation dated December 8, 2005 (in French, without…
French Data Protection Authority Blocks SOX Whistleblower Programs
As a follow-up to the Whistleblowers in France, John B. Reynolds, III and Amy E. Worlton of Wiley Rein LLP offer more insight to the programs and decisions. CNIL found that employees’ ability to lodge anonymous complaints would increase the likelihood of malicious false reports. CNIL also found that the two companies’ plans would not…
Whistleblowers in France
French privacy law limits the ability to use anonymous hotlines. In France, the French Data Protection Authority (La Commission Nationale de l’Informatique et des Libertés (CNIL)), an administrative agency, oversees processes involving the collection or compilation of personal data. In 2005 they decided that two reporting procedures were in violation of French privacy law. McDonald’s…