Internal investigations: a roadmap for organizations

The term ‘internal investigations’ has become an increasingly common part of organisational vocabulary. This is driven by two main factors. The first is legislative developments in recent years across a wide range of areas, such as (i) fighting corruption, financial fraud and money laundering; (ii) tackling harassment and discrimination; (iii) regulating lobbying activities aimed at public decision-makers; (iv) improving data governance and information security; and (v) responding to personal data breaches and cybersecurity incidents. The second factor is growing institutional and reputational concerns in the face of various highly public cases of companies and individuals being held accountable for unlawful or unethical actions within their organisations.

Regardless of whether they are driven by legal obligation, moral imperative or reputational concerns, the fact remains that the most well-prepared organisations can no longer avoid investigating any suspicious incidents brought to their attention. Prudent organisations have already realised that this is an essential preventive tool.

Internal investigations are very common and have a long history in other jurisdictions, and they are growing in popularity here. They play a central role in the legal health of any organisation and in preventing or mitigating the liability of companies and their stakeholders.

We have therefore conducted an initial examination of the subject and its associated challenges and merits.

The first challenge is to define what an internal investigation is.

Our exploration of this topic merely contributes to the practice of investigation within organisations, the relevance of which is becoming increasingly evident. This is only the beginning of a body of work that will constantly evolve and be refined.

Find out more in the guide prepared by our experts.