EU Adopts Whistleblowing Directive to Protect Whistleblowers

Morrison & Foerster LLP

Morrison & Foerster LLP


The whistleblowing rules in Europe are about to change dramatically. The new Directive on the protection of persons who report breaches of Union law, also referred to as the “Whistleblowing Directive,” will require Member States to create rules that mandate organizations with more than 50 workers to set up whistleblowing hotlines and accept reports about violations of the EU law.

The Whistleblowing Directive also provides for minimum standards on how to respond to and handle concerns raised by whistleblowers. These minimum requirements provide sufficient details so that organizations can start reviewing their existing whistleblowing hotlines (if they already have them in place) and adjusting their internal processes to align with the Whistleblowing Directive.

Below we provide an overview of the main requirements and takeaways.


The Whistleblowing Directive requires organizations with more than 50 “workers” to set up reporting channels. This is a big change compared to the current situation, where the majority of Member States do not legally require the establishment of such reporting channels. 

The concept of a “worker” in the EU is broad and, according to settled EU case-law, covers persons who, for a certain period of time, perform services for and under the direction of another person, in return for which they receive remuneration. This includes not only regular employees but also workers in non-standard employment relationships, including part-time workers, trainees/interns, and fixed-term contract workers. This may be problematic for certain organizations whose numbers of “workers” fluctuate around the 50 mark. If your organization is not certain whether it hits the 50 mark, or it does sometimes but not always, it might be prudent to take a “better safe than sorry” approach and set up the channels anyway.

The Whistleblowing Directive furthermore gives Member States the right to “encourage” organizations in private sectors with fewer than 50 workers to also establish internal reporting channels. If a Member State chooses to do so, it can impose less prescriptive requirements for such channels then currently laid down in the Whistleblowing Directive, provided that such requirements guarantee confidentiality and diligent follow-up. This is something to keep and mind and see what such “encouragements” will look like.

The Whistleblowing Directive does not specify whether the 50 workers need to be physically located in the EU. A reasonable interpretation is that any legal entity established in the EU that employs more than 50 workers will need to comply with the Whistleblowing Directive, no matter if such workers are located in or outside the EU. It is unclear whether non-EU entities that employ more than 50 workers who are located in the EU will need to comply with the Whistleblowing Directive. However, it is highly likely that such entities will be subject to the Whistleblowing Directive, considering that European labor law, including regulations on worker protection and other employee protection provisions, applies to employees located in the EU, regardless of their employer’s seat. EU Member States’ implementing laws will hopefully provide additional clarity on this point.


Unlike the current rules where the scope of the hotlines is generally quite narrow and varies per EU Member State, the whistleblowers will now be allowed to report, at a minimum, about a broad range of violations of the EU law including:

  • Public procurement;
  • Financial services, products and markets, and prevention of money laundering and terrorist financing;
  • Product safety;
  • Transport safety;
  • Protection of the environment;
  • Radiation protection and nuclear safety;
  • Food safety, animal health and welfare;
  • Public health;
  • Consumer protection;
  • Protection of privacy and personal data, and security of network and information systems;
  • Violations affecting the financial interests of the EU; and
  • Violations relating to the internal market, including violation of EU competition and State aid rules, and corporate tax law.

Note that Member States may extend the scope of reportable concerns when they implement the Whistleblowing Directive into their national law. The expectation is that some Member States might indeed take advantage of this option. This might, for example, be the case for the Netherlands, where the current House for Whistleblowers Act already requires organizations with at least 50 workers to allow for reporting of “suspicious wrongdoing” without limiting such wrongdoing to violations of the EU law.


The Whistleblowing Directive requires organizations to enable individuals to report in:

  • Writing and submit reports by post, by physical complaint box(es), or through an online platform (via the Internet or an Internet platform); and/or
  • To report orally, by telephone hotline, or other voice messaging system.

Note that upon whistleblower’s request, such channels should also enable reporting by means of physical meetings, within a reasonable timeframe.

Third parties may also be engaged to receive reports on behalf of the organization, provided such third parties offer appropriate guarantees for independence, confidentiality, data protection, and secrecy. The Whistleblowing Directive suggests that such third parties could be external reporting platform providers, external counsel, auditors, trade union representatives, or employees’ representatives.


The Whistleblowing Directive offers protection to whistleblowers who have acquired information on violations of the EU law in a “work‑based relationship.” This protection will be granted to the broadest possible range of categories of individuals, irrespective of whether they are EU citizens or third-country nationals, the nature of their activities, or whether they are paid. This includes:

  • Individuals having the status of workers, such as current and former (part- or full-time) employees and temporary workers;
  • Individuals who are not workers but can play a key role in exposing violations of the EU law and may find themselves in a position of economic vulnerability in the context of their work-related activities, such as self-employed providing services, freelance workers, contractors, subcontractors, suppliers, shareholders, and persons in managerial bodies;
  • Job applicants or individuals seeking to provide services to an organization, who (i) acquire relevant information during the recruitment process or another pre-contractual negotiation stage, and (ii) could suffer retaliation (e.g., in the form of negative employment references, blacklisting, or business boycotting); and
  • Volunteers and paid, or unpaid, trainees.


The Whistleblowing Directive requires Member States to prohibit any form of retaliation. If whistleblowers do suffer retaliation, the Whistleblowing Directive requires the Member States to set up the following protective measures:

  • Advice: Whistleblowers will be provided with free of charge access to comprehensive and independent information and advice on available procedures and remedies;
  • Remedial measures: Whistleblowers will be provided with appropriate remedial measures against retaliation, including:
    • Interim relief to (i) halt ongoing workplace retaliation (such as threats or harassment), or (ii) prevent dismissal pending the resolution of legal proceedings;
    • Reversal of the burden of proof, requiring organizations to prove that they are not retaliating against the whistleblower;
  • Protection from liability: Whistleblowers will not be considered to have breached any restriction on disclosure of information imposed by contract or law (e.g., “gagging” clauses) and will not incur liability for making whistleblowing disclosures;
  • Protection in judicial proceedings: In legal proceedings, whistleblowers will be able to rely on the Whistleblowing Directive and its implementing laws for the purpose of their defense; and
  • Other measures: Such as financial assistance and psychological support.

The Whistleblowing Directive also suggests that a clear legal prohibition of retaliation has an important dissuasive effect and would be further strengthened by provisions for personal liability and penalties for the perpetrators of retaliation.


In order to be protected under the Whistleblowing Directive, the whistleblower needs to only have reasonable grounds to believe (in light of the circumstances and the information available to them at the time of reporting) that the concern reported is true. The motives of the whistleblowers are irrelevant in deciding whether they should receive protection.


The Whistleblowing Directive notes that it does not affect the power of Member States to decide whether organizations and competent authorities are required to accept and follow up on anonymous reports. Thus, this issue is left to the Member States to decide in their national implementation. The Whistleblowing Directive, however, also notes that whistleblowers who reported or publicly disclosed information on violations of the EU law anonymously, but are subsequently identified and suffer retaliation, will still qualify for the Whistleblowing Directive’s protection.


These are the key obligations that organizations need to consider:

  • Information about the reporting process: Organizations need to provide sufficient information about the internal reporting process as well as the procedures on how they can report externally (to competent authorities; see next question below). Such information could be posted at a visible location that is easily accessible to all potential whistleblowers (such as company website);
  • Confidentiality: Reporting channels must be designed and operated in a secure manner that ensures confidentiality of the identity of the (i) whistleblower, (ii) any facilitators (meaning individuals who assist the whistleblower in the reporting process), as well as (iii) third parties mentioned in the report;
  • Impartiality: Organizations must designate impartial person or department to investigate reports independently and free of conflict of interest (e.g., dual function held by a company officer well placed to report directly to the organizational head, such as a chief compliance or human resources officer, an integrity officer, a legal or privacy officer, a chief financial officer, a chief audit executive, or a member of the board);
  • Diligent investigation: Organizations must ensure diligent investigation of the reported concerns;
  • Asking for clarifications: Organizations may ask for further information during the course of the investigation, but without obligating the whistleblower to do so;
  • Acknowledgement: Organizations must acknowledge receipt of a report unless the whistleblower explicitly requested otherwise;
  • Feedback & timelines: Organizations must provide feedback to the whistleblower within three months. The timeframe can be extended to six months in duly justified cases (e.g., when the nature and complexity of the report requires a lengthy investigation). The feedback should include:
    • The action envisaged or taken following the report; and
    • The grounds for the choice of that action.

The whistleblower does not need to receive this feedback as long as providing it could prejudice the investigation or affect the rights of the implicated individuals. Where the appropriate action still needs to be determined, the whistleblower also needs to be informed accordingly. Note that in all cases, the whistleblower should be informed of the investigation’s progress and outcome.


The Whistleblowing Directive notes that whistleblowers should be encouraged to first use internal reporting channels and report to their organization, if such channels are available to them and can reasonably be expected to work. If this is not the case, whistleblowers may:

  • Report concerns to competent Member State/EU authorities: The authorities are also required to establish appropriate external reporting channels, to diligently follow up on the reports received, and, within a reasonable timeframe, give feedback to whistleblowers. The whistleblowers have the right to report their concerns directly to such authorities where:
    • Organizations did not set up internal channels, or internal channels were used but did not function properly (e.g., because the report was not dealt with diligently or within a reasonable timeframe, or no appropriate action was taken despite the internal investigation confirming the existence of a breach); or
    • A whistleblower has valid reasons to believe that: (i) he/she would suffer retaliation; or (ii) the competent authorities would be better placed to take effective action. The latter would, for example, be the case where: (i) the ultimate responsibility holder within the work-related context is involved in the breach; (ii) there is a risk that the breach or related evidence could be concealed or destroyed; (iii) the effectiveness of investigative actions by competent authorities might be jeopardized (e.g., in the case of cartel and other violations of competition rules); or (iv) the breach requires urgent action (e.g., to safeguard the health and safety of persons or to protect the environment); and
  • Make public disclosures: The whistleblower may make a public disclosure if, despite making a report internally and/or externally, the breach remains unaddressed. This can be the case, for example, if the reported breach was not appropriately investigated, no appropriate remedial action was taken, there is a risk of retaliation, or there is a low prospect of the breach being effectively addressed due to the particular circumstances of the case (e.g., evidence could be concealed or destroyed, or an authority might be in collusion with the perpetrator of the breach or even involved in the breach).


The Member States will need to implement the Whistleblowing Directive into local law over the course of the next two years. Organizations with 250 or more workers will therefore need to comply with the new rules by December 17, 2021, while the organizations with 50 to 249 workers have an additional two years to become compliant (December 17, 2023). National implementation inevitably means that there will be no full harmonization, so the whistleblowing rules in the EU will likely remain segmented per country. This is, to a certain extent, bad news for multi-national organizations that have operations in various EU Member States. Over the next two years, organizations should continue monitoring the Member States’ implementation to identify specific local deviations and thereupon adjust their hotlines accordingly.

Considering that the minimum standards are set by the Whistleblowing Directive, organizations might already consider taking the following steps:

  • If your organization does not have a whistleblowing hotline yet, then this is the time to start setting one up. The process of setting up such reporting channels is usually not as simple as it looks, and it often includes engagement of a third-party whistleblowing hotline provider that can facilitate an online and phone line reporting process. So the sooner your organization starts preparing, the better.
  • If your organization already has a whistleblowing hotline in place, then it can review the workings of the hotline and adjust the relevant internal processes to what the Whistleblowing Directive already requires. This could, for example, include:
    • Adjusting the scope of concerns allowed to be reported in the EU to violations of the EU law, unless the current scope in a specific Member State (such as in the Netherlands) is already broader than this;
    • If the whistleblowing hotline is currently available only to your organization’s current personnel, opening the hotline externally for other individuals such as former employees, job applicants, individuals seeking to provide services, subcontractors, suppliers, volunteers, trainees, and business partners;
    • Adjusting the processes to enable reporting by means of physical meetings with the whistleblowers that can be set up within a reasonable timeframe;
    • Checking and ensuring that a person or a department that is designated to investigate the whistleblowing reports can indeed do so in an independent and impartial manner, free of conflict;
    • Ensuring that the whistleblowers are not pressured to provide additional information when requested by the designated investigators. This will likely include instructing and training the investigators on (i) how to ask for such input to ensure maximum response; and (ii) knowing when to stop if the whistleblower does not want to cooperate anymore. Internal investigation protocols that provide uniform instructions on what investigators may and may not do are, as always, highly recommended;
    • Providing sufficient information to potential whistleblowers about the internal reporting process, as well as the procedures on how they can report externally, by means of an updated whistleblowing policy or notice;
    • Setting up a process to (i) acknowledge receipt of a report unless the whistleblower explicitly requests otherwise, and (ii) providing feedback within the abovementioned timelines;
    • In light of the possibility of whistleblowers reporting their concerns to external channels, setting up effective and independent processes for whistleblowers to complain about not being taken seriously, or being subject of retaliation;
    • Consider what else can be done to make individuals feel comfortable reporting internally. For example, consider ensuring that the reporting channels are (i) available 24/7; (ii) are simple and easy to use; (iii) offer anonymity (where allowed on Member State law level); (iv) are available in local languages; (v) provide transparent explanatory information and simple instructions; and (vi) are accompanied by an effective internal communication and investigation strategy. Also, consider making it very clear within the organization that retaliation is absolutely prohibited, and individuals disregarding this prohibition in any way or form will be subject to severe disciplinary measures, including termination of employment.

The entire text of the Whistleblowing Directive can be consulted at

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Morrison & Foerster LLP | Attorney Advertising

Written by:

Morrison & Foerster LLP

Morrison & Foerster LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at:

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit
  • New Relic - For more information on New Relic cookies, please visit
  • Google Analytics - For more information on Google Analytics cookies, visit To opt-out of being tracked by Google Analytics across all websites visit This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at:

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.