This document discusses differences between US and EU regulations regarding anonymous whistleblowing systems. The Sarbanes-Oxley Act requires US companies to provide anonymous reporting channels, while EU data protection laws place more restrictions on personal data processing. Specifically, EU laws require transparency regarding data collection and use, collection only for legitimate purposes, and proportionality. These differences can pose challenges for multinational companies implementing anonymous reporting systems.
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2. What are the opportunities and challenges for Louis Vuitton in Japan?
3. What are the specifics of the Japanese fashion luxury market?
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3. What are the specifics of the Japanese fashion luxury market?
4. How did Louis Vuitton enter into the Japanese market originally? What were the other entry strategies it adopted later to strengthen its presence?
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3. What are the specifics of the Japanese fashion luxury market?
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Anonymous Whistleblowing Systems and European Union Data Protection Measures
1. Anonymous Whistleblowing Systems and
CNIL and European Union Data Protection Measures
OVERVIEW credence to the reporting party and the
potentially increased protection against
As U.S. companies move into international retaliation that the option of anonymity provides.
markets, many are confronting foreign These distinct U.S./E.U. cultural differences
regulations, which seem to conflict with those resonate clearly in their respective employment-
governing operations in the U.S. In the aftermath related laws and regulations.
of several corporate debacles, the adoption of
the Sarbanes-Oxley Act (SOX) in the U.S. in
2002 presented new challenges to U.S. Regulations
organizations, particularly those that are publicly
traded. The decline of public trust in the ethics of Regulated by the Securities and Exchange
corporate America had a resoundingly negative Committee (SEC), the Sarbanes-Oxley Act of
economic impact not just in the U.S., but 2002, among other provisions, requires publicly
worldwide. Perhaps the most internationally traded organizations to establish independent
challenging provision of SOX is the requirement audit committees to essentially provide company
for organizations listed on U.S. stock exchanges oversight regarding financial and accounting-
to provide at least one channel of related issues. In the pursuit of such
communication by which employees can make responsibility, the audit committee must also
anonymous reports. Now that the SOX implement a “whistleblower” program to enable
compliance deadline has long since passed, employees, vendors, and any other stakeholders
organizations are recognizing the special to submit complaints or knowledge of fraudulent
challenges posed by the collision of domestic activity in an anonymous and confidential
and foreign regulations, especially regarding fashion. Organizations are not only responsible
anonymous reporting by employees. for providing a mechanism by which such
reports can be received, but must also
Historically, the U.S. has provided greater document retention and treatment activities of
employer protection in the management of submitted complaints. Failure to comply may
employees engaging in misconduct and criminal result in SEC-enforced sanctions, civil penalties,
behavior within the organization. Other and possible de-listing from the stock
2
countries, particularly those in the European exchange.
Union (E.U.), take a decidedly pro-employee
1
approach. In addition, cross cultural beliefs The intent of anonymous reporting channels is
regarding the utility of anonymity in employee to encourage employees to report their
reporting are markedly different. While European knowledge of financial misconduct who may
sensibility places great value on the rights of the otherwise fear reprisal. In this way,
accused, the American perspective lends more organizations may investigate and identify
potential problem areas or employees to
1
Schreiber, M. E., Held, J. M., Bond, R. T. J., Dana, R., efficiently manage and prevent organizational
Runte, C., & Flower, K. (2006). Anonymous Sarbanes- losses due to employee misconduct.
Oxley hotlines for multi-national companies: Compliance with
E.U. data protection laws. Retrieved June 5, 2006, from
2
http://www.theworldlawgroup.com/db30/cgi-bin/pubs/Privacy Sarbanes-Oxley Act of 2002. Available:
Matters - Ch9.Anonymouns http://fl1.findlaw.com/news.findlaw.com/cnn/docs/gwbush/sar
SOX.PracGuideSOX.Vol2.ELEC.pdf banesoxley072302.pdf.