by Frank Staelens

The priority of European business owners today is fighting the effects of the pandemic, understandably, but as a result, a creeping danger remains hidden under the radar. We are in whistleblower alert phase one! The transposition of the new EU whistleblower rules by the EU Member States into national law is expected by December 17, 2021. Immediately thereafter, it is expected that these rules will apply to private and public organisations with more than 250 employees. Organisations with fewer than 250 employees will have two additional years of grace, but they will also be subject to the new regulations, with some exceptions for small businesses with fewer than 50 employees. Continue reading…

Whistleblowers are the primary source of information, leading to successful policing on economic crime. Detecting organisational misbehaviour is challenging, especially when those that witness wrongdoings do not have sufficient knowledge and incentives on how, and whether, to disclose. The webinar series “Whistleblowing Demystified,” which was held on Tuesday, May 25th 2021 was aimed at giving confidence and guidance to companies to treat those speaking out with respect and dignity, whilst at the same time protecting the organisation from malicious accusations. There are many pressing ethical and legal questions related to whistleblowing that might affect the effectiveness of disclosure. The webinar was moderated by Elina Karpacheva from the European Compliance Center, and featured Ian Ross as the guest speaker of the morning. This event was also jointly organised by the European Compliance Center and the Risk & Compliance Platform Europe and endorsed by VUZF University in Bulgaria. This is part one. Continue reading…

The Commission recently published its guidance on how the Code of Practice on Disinformation, the first of its kind worldwide, should be strengthened to become a more effective tool for countering disinformation. It sets out Commission expectations, calls for stronger commitments by the signatories and foresees a broader participation to the Code. Based on a robust monitoring framework and clear performance indicators, signatories should reduce financial incentives to disinformation, empower users to take an active role in preventing its spread, better cooperate with fact-checkers across EU Member States and languages, and provide a framework for access to data for researchers. Continue reading…

Nikhil Rathi, CEO to Association of Foreign Banks recently delivered a speech at the Association of Foreign Banks – CEO Programme 2021 – on 6 May 2021. Given the events of the last couple of years, it’s no surprise that so many of the financial services industry’s events at the moment have ‘post’ in the title. We may have finally gone from ‘post-financial crisis’ to ‘post-Brexit’ and, hopefully very soon, ‘post-Covid’. But of course, the really interesting question for regulators and for industry is always what comes next, and how we can shape that and prepare ourselves for it. I’m looking forward to discussing some of the most significant issues and how we’re approaching them. Of course, at this stage, I can’t promise you with certainty as to how these issues will be resolved – but we want to be as open and clear as possible in explaining our perspective, our approach, and the outcomes that we are working towards. Continue reading…

by Michal Pleticha

Whistleblowing is back in the spotlight, ready to ignite heated debates later this year. Why? The 17th of December 2021 marks the expiration of the transposition period of the EU Whistleblower Directive1. To put it simply, every EU Member State should have the effective law on the protection of whistleblowers by the end of this year, which means that the internal compliance systems of many public and private entities is about to change. Let’s have a closer look at the preparations in two EU countries, Germany and the Czech Republic who share the similar model of whistleblower protection: partial and fragmented. Continue reading…

The FCA has recently set out plans for a new Consumer Duty, which will set a higher level of consumer protection in retail financial markets for firms to adhere to. Firms are already bound by FCA rules and principles to treat customers fairly and many firms are delivering the right outcomes for consumers, including good products and services at fair prices, supported by high standards of customer service and clear communications. The FCA has seen evidence of practices that cause consumer harm, including firms providing information which is misleadingly presented or difficult for consumers to understand, hindering their ability to properly assess the product/service. This may provide some insight into why 1 in 4 respondents to the FCA’s 2020 Financial Lives Survey said they lack confidence in the financial services industry and only 35% of respondents agreed that firms are honest and transparent in their dealings with them. Continue reading…

The European Commission recently adopted the EU Action Plan: “Towards Zero Pollution for Air, Water and Soil” – a key deliverable of the European Green Deal and the main topic of this year’s EU Green Week. It sets out an integrated vision for 2050: a world where pollution is reduced to levels that are no longer harmful to human health and natural ecosystems, as well as the steps to get there. The plan ties together all relevant EU policies to tackle and prevent pollution, with a special emphasis on how to use digital solutions to tackle pollution. Reviews of relevant EU legislation are foreseen to identify remaining gaps in EU legislation and where better implementation is necessary to meet these legal obligations. Continue reading…

Decades of self-regulation and rapid expansion has led the sport sector to lag behind other industries in corporate governance and policy implementation, as demonstrated by the consistent media exposure documenting scandals at football clubs, and at National and International Sport Federations. On Wednesday April 28th 2021, the Economic Crime Series: Governance and Ownership Issues in Football was held online. The event was organised and chaired by Prof. Lisa Jack who welcomed two speakers, Dr. Rob Wilson and Mrs. Christina Philippou. The Risk & Compliance Platform Europe also took part in this webinar and has subsequently covered it on its website. Continue reading…

by Alex Movchan

2020 was a year full of unexpected and unknown, when countries and businesses had to deal with new risks and adjust their business strategies and operations to be successful in the new environment. But while leaders around the world were trying to find ways to keep businesses profitable and prevent people from losing their jobs, corrupt government officials and fraudsters were actively exploring new vulnerabilities and using those for their personal, illegal gain. In these circumstances, the work of risk management and fraud prevention professionals to secure their organisations became even more important than ever before. Continue reading…

The European Securities and Markets Authority (ESMA), the EU’s securities markets regulator, recently published the results of the 2020 Common Supervisory Action (CSA) on UCITS liquidity risk management (LRM). The CSA showed that the overall level of compliance with the applicable rules is satisfactory in most cases, but there is scope for improvement in liquidity management for some UCITS analysed. The exercise also highlighted areas where ESMA will work to further promote convergence across National Competent Authorities (NCAs). This exercise was launched on 30 January 2020. Its purpose was for all NCAs to conduct coordinated supervisory activities to assess whether UCITS managers comply with their LRM obligations. The CSA was also an opportunity to strengthen the ongoing exchange of supervisory knowledge and experience among NCAs. Continue reading…