Whistleblowing directive
The European Union Whistleblower Directive
What is the European Union Whistleblower Directive?
In 2019, the European Union (EU) passed a groundbreaking Whistleblower Directive (2019/1937) to enact greater protections for whistleblowers by shielding them from retaliation and creating “safe channels” to report violations of the law. All 27 European Union (EU) member countries must transpose the directive into their national law by December 2021.
- persons having the status of worker, including civil servants;
- persons having self-employed status
- shareholders and persons belonging to the administrative, management or supervisory body of an undertaking, including non-executive members, as well as volunteers and paid or unpaid trainees
- any persons working under the supervision and direction of contractors, subcontractors and suppliers
- reporting persons who worked for a public or private organization which has since ended
Who is affected by the directive
Companies with more than 50 employees, public sector institutions, authorities as well as municipalities
10,000 or more inhabitants are obliged to set up suitable internal reporting channels
Companies with 250 or more employees will be are expected to comply within two years of adoption
Companies with employees between 50 and 250 have another two years after transposition to comply
Whistleblowers should be able to submit reports either in writing via an online system, a mailbox or by post and/or orally via a telephone hotline or answering machine system. Not only are employees who report wrongdoing are protected, but also job applicants, former employees, supporters of the whistleblower or journalists.
However, the EU encourages national legislators to extend this scope also in into their respective national laws
Status of
transposition
