Financial Crime World

Whistleblower Protection Laws Come into Force in British Virgin Islands

As of January 26, 2024, the Whistleblower Act, 2021 has come into effect in the British Virgin Islands, providing a framework for protecting individuals who report wrongdoing within their organisations. This milestone aims to encourage employees to speak up without fear of retaliation.

Who Can Report Wrongdoing?

Under the Act, any individual can report wrongdoing, including:

  • Employers
  • Fellow employees

If they believe that a crime, illegal activity, miscarriage of justice, waste of public resources, environmental degradation, or threat to health or safety has occurred or will occur. The disclosure must be made in good faith and with reasonable cause to believe that the information is substantially true.

Procedures for Making Disclosures

The Act sets out specific procedures for making disclosures, including:

  • Considerations for whistleblowers who may be illiterate or have disabilities
  • Requirements for those receiving the disclosure to submit written details to the Attorney General within seven days
  • Conduct of detailed investigations into the concerns

Protection and Support for Whistleblowers

Protection is provided for whistleblowers against victimisation by their employer, fellow employees, or any other person. Individuals can report such treatment to the Complaints Commissioner.

Additionally, the Act establishes a Whistleblower Reward Fund, which will provide financial incentives for whistleblowers whose disclosures lead to convictions or recovery of money.

What Do Businesses Need to Do?

Businesses in the British Virgin Islands, particularly employers, are urged to:

  • Familiarise themselves with the Act
  • Implement procedures to identify and investigate concerns raised by employees
  • Prevent victimisation
  • Review or implement internal whistleblowing policies to ensure compliance with the new provisions

Get Help with Whistleblower Policies

The authors are available to provide further information on the Act and assist businesses in reviewing or preparing their Whistleblowing Policies.