Whistleblowing in financial institutions and undertakings outside the financial industry: an area of convergence of compliance requirements and challenges as well as concerted quest for solutions

The purpose of this research is to present whistleblowing as one of areas of increasing regulatory convergence between financial institutions and undertakings outside the financial sector and to identify the challenges against a backdrop of Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law. Solutions to some of those difficulties are sought in this paper, in particular with regard to handling the reports of irregularities made in bad faith. More general observations on compliance based on a “legal norm life cycle” approach complement those considerations.

Keywords: whistleblowing, whistleblower, compliance, whistleblower protection directive, harmonisation, regulatory convergence, risk management, disciplinary dismissal, internal investigation

This article is published in Polish