Outline of obligations of businesses, etc. based on the revised Whistleblower Protection Act, etc. 1nd

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By June 2022, the revised Whistleblower Protection Act will come into effect, and businesses will be obligated to establish the necessary systems to respond to and appropriately handle internal whistleblowing, and those in charge of handling whistleblowing will be obligated to maintain confidentiality. Violations of these obligations are subject to administrative measures and criminal penalties, and officers may be liable for a large amount of damages, so careful measures are required. On the other hand, by utilizing these obligations, it is possible to build and operate a highly effective system, so it can be said that it is also an opportunity for businesses to increase their corporate value.

In this video, The lecturer, who was in charge of drafting the recent amendments and guidelines at the Consumer Affairs Agency's Consumer System Division, which has jurisdiction over the Whistleblower Protection Act, will provide an overview of the obligations of businesses and other entities under the amended Whistleblower Protection Act and other laws. We aim to give the legal staff of each company an image of the whole picture by providing explanations that are compact but to the point explanations.

In Part1, we will explain the obligations of business operators, etc., "Obligation to take measures by business operators (Article 11)" and "Obligation to keep workers confidential (Article 12)" established by the revised law.

Part 1: Purpose and main points of the obligations of business operators, etc. (Articles 11 and 12 of the Act)
Part 2: Outline of the "Guidelines" (Article 11, Paragraph 4 of the Act)
*Part 2 is based on the draft guidelines published as of the recording date (July 20, 2021).

lecturer

Atsumi & Sakai
Crisis Management Practice Group Lawyer Makoto Nakano

Registered as a lawyer in 2010.After engaging mainly in labor dispute-related work, for five and a half years from October 2015, the Consumer Affairs Agency, which has jurisdiction over the Whistleblower Protection Act, drafted a bill to partially revise the Whistleblower Protection Act. Responsible for drafting guidelines that determine the content of the business operator's obligations to take measures based on the law.In the process of planning, we will analyze and examine the consultation cases regarding about 10 reports received annually, the internal report response system of many businesses and government agencies, exchange opinions with experts, etc., and improve the report response system and reports. Searching for a way of dealing.Currently, utilizing that experience, he is engaged in crisis management related work in the crisis management practice group.His major works include "Commentary Revised Whistleblower Protection Act" (Koubundou Publishers, 5).

Book introduction

"Commentary Revised Whistleblower Protection Act"
Ryuji Yamamoto / Yuichiro Mizumachi / Makoto Nakano / Tomomi Takemura (Koubundou Publishers, released on June 2021, 6)

・ In addition to showing the overall picture of the system and amendment, the entire article after the amendment is explained step by step based on the work experience of the Consumer Affairs Agency for five and a half years.
・ Consideration of the revised law from the perspective of administrative law and labor law is also implemented.
-Also mentioned the purpose and background of the "guidelines" that stipulate the obligations of businesses after the revision.
・ Q & A using examples is also posted to make it easier to grasp the image.

Profile

Atsumi & Sakai

Atsumi Sakai Law Office / Foreign Law Joint Office is the first domestic law firm to launch a foreign law joint business in a completely independent manner, and is a compliance & risk / Crisis Management Practice) is a compliance department of more than 10 former prosecutors (including those who have worked in the Ministry of Justice / Special Investigation Department), the Consumer Affairs Agency, regulators, and financial institutions / business companies that have jurisdiction over the Whistleblower Protection Act. It is composed of members with various back brands and knowledge, such as lawyers who have work experience and lawyers who are qualified as certified accountants.Without being biased toward fraud investigation, we also make full use of innovative methods to deal with issues related to compliance, risk management, corporate governance, etc. faced by clients, and support the prevention of damage to corporate value and early recovery.