LOREM IPSUM
A whistleblower is a person, often an employee, who exposes wrongdoing, illegal activities, or dangers within an organization (public or private) to an external or internal authority, such as government agencies, law enforcement, or the media, to bring the issue to public or official attention and prompt corrective action, usually protected by law from retaliation.
The EU Whistleblower Directive (Directive (EU) 2019/1937) creates minimum EU-wide standards to protect individuals reporting breaches of EU law, requiring companies (50+ employees) and public bodies to set up secure, confidential reporting channels (internal & external) and safeguarding whistleblowers from retaliation (like firing, harassment) by providing legal protection and remedies. It covers areas like public procurement, environment, health, finance, and data privacy, ensuring transparency and accountability by encouraging reporting without fear of negative consequences, though member states can implement stronger national laws.
Obligations for Member States:
Ensuring Effective and Confidential Reporting Channels for Whistleblowers
To ensure that whistleblowers have at their disposal effective channels to report breaches of EU rules confidentially, both internally (within an organisation) and externally (to a competent authority).
Ensuring Proper Investigation and Action on Whistleblower Reports
To ensure that whistleblowers’ reports are properly investigated and acted upon by the organisations and competent authorities.
Protecting Whistleblowers from Retaliation
To make sure that whistleblowers are protected from retaliation.
Obligations for Organizations:
Frequently Asked Questions (FAQ)
The Directive protects a wide range of individuals who report breaches of EU law in a work-related context. This includes employees, self-employed persons, freelancers, contractors, trainees, volunteers, shareholders, and even job applicants who obtain information during the recruitment process. Protection also extends to facilitators (such as colleagues or union representatives) and, in some cases, family members who may face retaliation.
The Directive covers breaches of EU law in key areas such as public procurement, financial services, money laundering, product and transport safety, environmental protection, public health, consumer protection, data protection, and competition rules. Member States may expand this scope in their national laws to include additional areas, such as corruption, labor law, or human rights violations.
According to the Directiove, whistleblowers can report concerns through secure internal channels within their organization, external channels to competent public authorities, or (under certain conditions) by public disclosure; for example, to the media. All reporting channels must ensure confidentiality, protect the whistleblower’s identity, and provide timely follow-up and feedback.
Retaliation against whistleblowers is strictly prohibited. If retaliation occurs, whistleblowers are entitled to legal protection, including access to remedies such as reinstatement, compensation, or interim relief. Importantly, the burden of proof lies with the employer or organization to show that any negative action was not linked to the whistleblowing.
The Directive strengthens transparency, accountability, and the rule of law across the EU. By protecting people who speak up about wrongdoing, it helps uncover corruption, prevent harm to public health and the environment, safeguard fundamental rights, and ensure that EU laws are effectively enforced.
