Implementation deadline approaches Directive (EU) 2019/1937 of the European Parliament and of the Council on the protection of persons who report breaches of Union law (the so-called EU whistleblower protection act). The objective of the Directive is to require undertakings and entities in the public sector to implement procedures that ensure that employees can report violations confidentially.
Who falls under the whistleblower protection law?
The entities identified in the Directive as obliged to introduce procedures include:
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Enterprises employing at least 50 employeesregardless of the nature of the activity,
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Small and micro enterprises, which participate in public procurement tenders, use the EU measure, are exposed to money laundering or belong to regulated entities in the financial services sector,
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Legal entities in Public sector.
What are the consequences of introducing whistleblower protection?
The new obligations will include in particular:
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creature secure and confidential internal and external procedures for reporting by whistleblowers using secure reporting channels,
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Ensuring anonymity and protection whistleblowers against retaliation,
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Conducting monitoring and records notifications received,
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Making follow-up to stop violations of the law and prevent future incidents.
The new regulations mean, before all, entrepreneurs need to adapt existing procedures to the requirements set out in the Directive or to create a comprehensive system within the company for confidential acceptance, analysis and transmission of information on infringements. The operation of properly functioning systems can be handled by a trained employee, a Data Protection Officer or an external company.
Since when do companies need to adapt to the new requirements?
Private sector entities employing from 250 employees and entities in the public sector are required to implement reporting mechanisms at the latest by 17.12.2021 For legal entities in the private sector employing less than 250 employees The term has been extended to 17 December 2023
What threatens entities that have not implemented the requirements of whistleblower regulations?
Entities that do not implement the procedures under the Directive, in particular do not introduce safe reporting channels, effective, proportionate and dissuasive sanctions will be applied. The amount of sanctions will be determined by the national legislature.
Where can I find the text of the EU Whistleblower Directive?
You can download the text of the whistleblower directive on the EUR-Lex page: Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (PE/78/2019/REV/1).
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