Whistleblower Protection in the banking and finance sector is a fundamental part of risk management and corporate ethics. Banks and financial institutions are required to implement mechanisms that allow employees to safely report internal violations, fraud, money laundering, or corruption. The institution of whistleblowing is gaining strength in Georgia, especially in light of the requirements of the National Bank's Corporate Governance Code. This service aims to assist financial institutions in creating effective internal whistleblowing systems, as well as to legally protect individual whistleblowers from retaliation, dismissal, or discrimination.
What Does the Whistleblower Protection Service Cover?
The service is designed for both employers (system implementation) and employees (rights protection):
- Internal Policy Development: Drafting whistleblower protection policies and procedures for banks that ensure anonymity and confidentiality of information.
- Complaint Management System: Legal setup of anonymous hotlines and electronic platforms to protect the whistleblower's identity.
- Internal Investigation: Support in conducting internal investigations based on received reports, gathering evidence, and legal assessment.
- Whistleblower Representation: Legal defense of individuals who have exposed violations and are experiencing pressure from the employer (wrongful termination, demotion).
- Training: Raising awareness among staff and management about the role of the whistleblower and protection guarantees.
Common Scenarios and Real Situations
Whistleblower protection issues often arise in the following situations:
- Exposing AML Violations: An employee notices that the bank is intentionally processing suspicious transactions without reporting to the Financial Monitoring Service. They need protection if they disclose this information.
- Internal Fraud: An auditor discovers embezzlement by management. Before reporting, they need a guarantee that they won't lose their job.
- Unethical Sales: An employee is forced to sell products by misleading clients (Mis-selling). They refuse and expose the practice, followed by persecution.
- System Implementation: A bank wants to comply with international standards and invites a lawyer to create an independent channel for reporting violations.
Georgian Legal Framework
General principles of whistleblower protection are outlined in the Law of Georgia on Conflict of Interest and Corruption in Public Service, though this primarily applies to the public sector. In the private and banking sectors, whistleblower protection is regulated by the National Bank's "Corporate Governance Code for Commercial Banks", which obliges banks to have a whistleblower protection policy. Additionally, the Labor Code protects employees from discrimination. The Law on Facilitating the Prevention of Money Laundering further protects individuals reporting suspicious transactions.
Service Process: What to Expect
For organizations, the process begins with an audit of the existing culture and policy. The lawyer writes a new policy ensuring anonymity. For individuals, the process starts with a confidential consultation. The lawyer assesses risks and advises on how to blow the whistle safely (via internal channels or directly to the regulator). In case of retaliation, the lawyer appeals to the court or the Public Defender to restore rights.
Why Choose Legal.ge?
Whistleblower protection requires extreme confidentiality and independence. Legal.ge connects you with lawyers who understand the sensitivity of this process. We help companies create a transparent environment and individuals protect their principles safely. Trust our professionalism and ethical standards.
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