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In order to guarantee a standard for the protection of the whistleblowers, the UE adopted EU Whistleblowing Directive on December 16, 2019

The Directive has been created as a response to the multiple scandals involving whistleblowers, including the Cambridge Analytica scandal and the Panama Papers, that highlighted the lack of protection for the whistleblowers.

According to a Special Eurobarometer on Corruption commissioned by the EU, only 18% of the Europeans would report a corruption act.  

The Directive comes to change this reality.

The regulation was formally created in 2019 and EU member states were given two years to implement it into national law. 

Know if your organization will be affected by the EU Whistleblowing Directive and how you can be prepared.

Will my organization be affected?

If your organization has 50 or more workers in an EU member state, operating within the public or private sector, your company must comply with the requirements of the EU Whistleblower Protection Directive. 

Even if your organization does not fit with the criteria, it may still have to comply, because  some member states choose to extend the criteria to small organizations.

Organizations with 250-plus employees must comply with this legislation from 2021, and those with between 50 and 249 employees by the end of 2023

How to comply with the Directive?

  • Organizations must provide safe and accessible reporting channels
  • Ensure that workers know how to report any wrongdoing.
  • Protect the confidentiality of the whistleblowers
  • Provide timely feedbacks
  • Protect whistleblowers from retaliation and dismissal
  1. Organizations must provide safe and accessible reporting channels

The Directive key point is the obligation to create effective and efficient reporting channels in private and public sector organizations of over 50 employees.

The organizations should enable people to report either in writing (through an online reporting platform, email or letter) or orally (via telephone hotline, voice messaging system or in person).

Line managers, HR and legal/ compliance departments should be trained in how to handle reports in line with the new law and equipped to discuss employees’ concerns

2) Ensure that workers know how to report any wrongdoing

The reporting channel must be widely publicized so that all workers must know how to report irregularities.

3) Protect the confidentiality of the whistleblowers

The Directive requires organizations to protect the confidentiality of the whistleblowers. This provides protection from retaliation such as dismissal, suspension, intimidation or other penalties.

4) Provide timely feedbacks

With a window of three months, or six in exceptional cases, in which to respond and follow up on reports, organizations need to put effective management and response processes in place. 

Equally, organizations should provide information on what might happen to any individual found to have acted in breach of the rules and how they will be kept updated on developments.

5) Protect whistleblowers from retaliation and dismissal

The Directive requires organizations to protect whistleblowers. This provides protection against retaliation such as dismissal, suspension, demotion, intimidation or other penalties.

And, how can we help you comply with the EU Whistleblowing Directive?

REQUIREMENT OF EU WHISTLEBLOWING DIRECTIVEINTERNAL WHISTLEBLOWER CHANNELWHISTLEON´S WHISTLEBLOWER CHANNEL
Provide accessible and secure reporting channelsExpensive investment in forms that do not guarantee the confidentiality and security of the whistleblowerSmart form prepared to capture the details of the report with maximum security
Ensure that employees know where, how, why to report a wrongdoingNeed to prepare divulgation mechanisms from scratchDelivery of a complete and personalized communication campaign with more than 40 materials
Protect whistleblower confidentialityInternally developed systems do not guarantee confidentialityConfidentiality guaranteed, as it does not pass the whistleblower IP to the client
Communicate to the whistleblower of receipt of the complaint within 7 days and feedback within 3 months of resolutionNo control over deadlines and feedbacksManagement and control system for complaints with deadline indicators and alarms
Protect the whistleblower from retaliationInternal systems are highly vulnerable to whistleblower confidentiality and do not guarantee non-retaliationWhistle on mechanisms are able to mitigate retaliation risks