Responding to issues that arise after the enforcement of the revised Whistleblower Protection Act Part 2 ~ Points that are often overlooked when fulfilling the obligation to designate workers ~

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The "Law Partially Amending the Whistleblower Protection Act" (hereinafter referred to as the "Amended Act"), which came into effect on June 6, this year, imposes on business operators the obligation to designate whistleblower response personnel (Article 1, Paragraph 11 of the Amended Act) and to take necessary measures such as the establishment of an internal whistleblower response system (Article 1, Paragraph 11 of the Act). In order for businesses to fulfill these obligations, it is necessary to establish and operate rules in accordance with the guidelines based on the Whistleblower Protection Act (Reiwa 2rd Cabinet Office Notification No. 118) (the text of the guidelines. No. 4.3. (4)).

In other words, it is necessary for businesses to comply with the revised law by preparing rules before the enforcement of the revised law and operating the rules in accordance with the law and guidelines after the enforcement of the revised law. It is useful to understand in advance the points that are often overlooked when responding to laws and guidelines in order to respond in a way that does not violate the law and guidelines when operating after enforcement.

In this video, after giving an overview of the issues that will arise after the enforcement of the revised law, I will focus on the obligation to designate workers, which is often a problem. In Part 2, I will explain the points that are often overlooked when fulfilling the obligation to designate workers.

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Atsumi & Sakai
Crisis Management Practice Group Lawyer Makoto Nakano

After registering as a lawyer in 2010, mainly engaged in labor legal affairs. Since October 2015, he has been engaged in planning the whistleblower protection system for five and a half years at the Consumer Affairs Agency, which has jurisdiction over the whistleblower protection law, which is one of the labor legislation.She is in charge of drafting a bill to partially revise the Whistleblower Protection Act and drafting guidelines that stipulate the contents of the obligations of businesses based on the law.Currently, it handles whistleblowing as an external contact (reception, investigation / fact-finding / evaluation, examination of corrective measures, reporting to the company, etc.), investigation of fraudulent officers and employees, construction and operation of whistleblower response system. Engaged in work such as support for related matters and general labor legal affairs.His major works include "Practical Response to Business Obligations Based on the Whistleblower Protection Act" (Commercial Law, 10) and "Commentary Revised Whistleblower Protection Act" (Koubundou Publishers, co-authored, 2022).

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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.