Whitstleblowing and the New Data Protection Regulations Seminar

We would like to take the opportunity to thank all of you who attended and once again thank your sponsors. Here are some highlights from the Seminar:

Whistleblowing:

The law: The Protection of the Whistlebower Act Ch. 527 of the laws of Malta

The law makes provision for procedures in terms of which employees in both the private sector and public administration may disclose information regarding improper practice by their employees or other employees in the employ of their employers and to protect employees who make said disclosures from detrimental action.

Whistleblowers are specifically protected from being fired or from suffering any negative consequences in their place of work for having blown the whistle. Furthermore, a whistleblower cannot be victimised, intimidated or harassed for having reported a genuine concern.

It is advisable to have a policy in place and processes need to be robust to instil employee confidence.

The new General Data Protection Regulations (GDPR)

 The GDPR creates a level playing field for data protection across all EU member states. This means that citizens of EU members states can expect to be treated the same way, wherever they are in the EU, and that organisations complying with the GDPR requirements in one jurisdiction can be assured that they will be compliant across all member states.

The GDPR introduces a number of new obligations and protections and here are some points (the law is very detailed so these are just a few points out of the many!):

What does the GDPR include

  • It broadens the definition of personal data
  • It tightens the rules for obtaining valid consent to using personal information
  • It introduces a common data breach notification requirement
  • It introduces the right to be forgotten
  • It requires privacy by design