In the wake of the Wells Fargo scandal related to the creation of millions of unauthorized accounts, government records revealed that former employees-turned-whistleblowers contacted the federal agency tasked with investigating whistleblower complaints as early as 2009, once again raising questions of how federal agencies can better protect whistleblowers.

The corporate “gatekeepers,” attorneys and compliance officers, are often most likely to learn about illegalities, and they are also the most challenged as prospective whistleblowers. Few definitive rules exist, but due to legal, ethical or fiduciary constraints, they may be prohibited from informing authorities about wrongdoing.

The SEC has taken an aggressive stance against the use of employee confidentiality agreements that may discourage whistleblowers. While the agency has only brought one enforcement action based solely on such an agreement, the message is clear: Employers should think twice about the confidentiality requirements they impose on their employees.