Whistleblowing

The global rise of whistleblowing regulations and protections

Japan amends its Whistleblower Protection Act, providing greater safeguards against workplace retaliation and ensuring freelancers are granted the same protections as employees. Companies operating under the Abu Dhabi Global Market (ADGM) in the United Arab Emirates implement policies aligning with two whistleblowing regulations enacted in 2024. The United Kingdom focuses on giving greater protection to sexual harassment complaints. In the United States, the Civil Rights Fraud Initiative encourages individuals to report discrimination committed by recipients of federal funding.

Key takeaways

  • National legislation and policy reviews signal a global shift toward stronger whistleblower protections.
  • Regulators are scrutinizing how organizations handle internal whistleblowing processes.
  • Japan has passed new rules extending whistleblowing protection beyond traditional employees.

Countries across the globe are increasingly recognizing the importance of enhanced protective measures for whistleblowers, seeing them as an essential part of compliance frameworks and important players in preventing corruption and workplace misconduct. That view is echoed by the Organisation for Economic Cooperation and Development (OECD), which notes that safeguarding whistleblowers promotes a culture of accountability and integrity across both public and private institutions.

In Asia and the Middle East, many nations are strengthening their laws to better protect those who speak up. These reforms range from extending protections to independent contractors, to improving internal reporting channels and implementing stronger anti-retaliation rules.

In the United States, the government took a more targeted approach in 2025, encouraging the public to report unlawful discrimination by recipients of federal funds to authorities. The UK introduced a reward scheme for reports of high value tax fraud.

Meanwhile, many EU countries have seen an increase in employee whistleblowing following implementation of the Whistleblowing Directive, which was passed by the EU in 2019 and was later transposed into national law by member states. However, this has not yet translated into more legal claims.

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Whistleblowing is taking a more prominent place in corporate governance conversations around the world.”

Protecting whistleblowers from retaliation

The government of Japan amended the country’s Whistleblower Protection Act on 4 June 2025. The amendment was formally issued on 11 June, and will enter into force within 18 months of that date. It states that companies must not engage in acts that obstruct whistleblowing, such as requesting workers not to make a whistleblowing report or engaging in acts aimed at identifying a whistleblower without a justifiable reason.

If an employee is dismissed or disciplined within one year of whistleblowing, the law presumes the action was retaliatory, placing the burden on the employer to prove otherwise. Any dismissal or disciplinary action taken as retaliation for whistleblowing is deemed invalid. Extended penalties, including criminal sanctions, apply to those who subject whistleblowers to a detriment.

Notably, the amended law extends to freelancers, ensuring they are covered by the same safeguards as regular employees. This recognizes that, regardless of formal employment status, people interacting with an organization in many different capacities may become aware of corporate malpractice and need protection if they report it. This aligns with approaches taken by other jurisdictions.

In the United Arab Emirates (UAE), companies operating under the Abu Dhabi Global Market (ADGM) had until 31 May 2025 to implement new whistleblowing arrangements outlined in the Employment Regulations (Amendment No. 1) 2024 and the Whistleblower Protection Regulations 2024, both of which largely align with existing legislation in the European Union and the United Kingdom.

The regulations include protecting employees from retaliation and threats of retaliation, ensuring they cannot face civil or contractual consequences for reporting suspected misconduct, and requiring employers to maintain internal channels for receiving and escalating concerns. Employers must also protect the identity of whistleblowers and limit access to information about their reports. Retaliation includes, but is not limited to, dismissal, forced retirement or resignation, failure to offer equal terms of employment, and any other act which is likely to cause detriment or disadvantage to the employee.

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Organizations are under increased pressure to foster environments where people feel safe to raise concerns.”

Preventing anti-whistleblowing practices

In the United Kingdom, the government’s current concern is that some employers seek to use NDAs and other contractual provisions to prevent whistleblowing – especially about sexual harassment and discrimination. New legislation came into force in October 2025 making NDAs which prevent someone from alleging they have been the victim of a crime – such as sexual assault – void. The Employment Rights Act explicitly recognizes complaints about sexual harassment as qualifying disclosures under the whistleblowing legislation. This is intended to reassure employees that they are protected as whistleblowers and encourage them to come forward. Other provisions of the Act, expected to take effect in 2026, make NDAs that seek to prevent a worker from complaining about workplace discrimination or harassment void.

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There is growing recognition that effective reporting channels are central to building trust and accountability.”

Targeted approach to whistleblower enforcement

While the United States did not implement broad changes to the existing whistleblowing framework in 2025, the Department of Justice did establish the Civil Rights Fraud Initiative on 19 May. The initiative focuses on investigating and pursuing recipients of federal funds who knowingly violate federal civil rights laws, using the False Claims Act as an enforcement tool. Under the False Claims Act’s qui tam provisions, individuals with knowledge of discrimination by federal funding recipients and who report such violations can file lawsuits on behalf of the government and are eligible to receive a share of any funds recovered. This approach is expected to lead to a significant increase in whistleblowing complaints.

The United Kingdom is starting to take a similar approach, albeit in relation to different issues. The Competition and Markets Authority already has a whistleblower reward scheme offering up to £250,000 (US$330,000) to people who report illegal cartels, and in 2025 HM Revenue and Customs (HMRC) launched a similar scheme focused on serious tax non-compliance. In the November Budget the Chancellor announced that in cases where HMRC recovers more than £1.5million ($1.98 million) in unpaid tax, rewards of up to 30 percent of the additional tax recovered can be paid to whistleblowers.

Increased whistleblowing in the EU

At the EU level, all member states have implemented legislation aligning with the Whistleblower Protection Directive which was passed by the EU in 2019 and requires employers to establish secure reporting channels, protect the identity of those who raise concerns, and prohibit any form of retaliation against whistleblowers in relation to breaches of EU law. These protections have led to an increase in whistleblowing reports, but there have been no significant legal issues or disputes related to the uptick in most countries.

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