MANAGING AN INTERNAL INVESTIGATION
First published on Thomson Reuters Regulatory Intelligence
Sarah Thomas and Natalie Donaldson have recently edited a chapter of the Thomson Reuters UK Compliance Handbook focusing on the legal risks and practical steps to take in an internal investigation.
The chapter focuses on the practicalities of handling an internal investigation and includes consideration of the steps that should be taken to:
- Carry out an internal investigation appropriately and efficiently, addressing issues of concern from the outset;
- Make sure appropriate processes are followed to support the integrity of the investigation;
- Consider notification to appropriate regulators; and
- Take steps to protect privilege in the context of documents generated as part of the investigation.
The chapter also reflects new regulatory developments such as the new EU Whistleblower Directive. This remains relevant for firms with wider EU operations and consideration should be given to how the Directive is implemented in local jurisdictions within the EU. Firms need to give careful thought to their obligations, and the rights of whistleblowers, when conducting an internal investigation arising from a reportable concern.