Centro de Documentação da PJ
Analítico de Periódico
CD 335
Cultural aspects of the EU-Whistleblowing Directive [Recurso eletrónico] / Fabian Maximilian Johannes Teichmann, Chiara Wittmann
Journal of Financial Crime, Vol. 30, n. 4 (2023), p. 999-1005
Ficheiro de 112 KB em formato PDF.
DIRECTIVA COMUNITÁRIA, DENÚNCIA, INFRACÇÃO, PROTECÇÃO DE TESTEMUNHA, CRIME ECONÓMICO
Purpose – The European Union’s Whistleblower Directive (WBD), or formally the “Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons reporting infringements of Union law” seeks to establish a uniform standard for whistleblowing protection across member state jurisdictions. Considering the international reach of the directive, it inevitably confronts divergent national attitudes towards whistleblowing. This paper aims to examine various cultural attitudes
which have contributed to the common understanding of whistleblowing, under the directive. Design/methodology/approach – The rhetoric on whistleblowing from a combination of business and
national cultures is examined herein. A focus is cast on the information technology sector, which has traditionally protected trade secrecy over whistleblowing, under the guise of protecting of innovation. Moreover, the juxtaposition of American and German employment culture is testimony to the discrepancy in
national narratives. Findings – The WBD is both a symptom and a yardstick of modern employment culture in Europe. There are crucial clashes with trade secrecy which the directive has not resolved as well as an acknowledgement of the paradigm of legal thought which the directive pushes. Originality/value – By reference to both business and national culture, this paper highlights the heterogenous conception of whistleblowing which the directive aims to reconcile. Whilst a vast amount of literature has covered isolated criticism of the WBD, a wider lens has not been cast to consider the pervasive
influence of specific aspects on business culture.
