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Empowering voices: Mastering the EU Whistleblower Directive

Your employees are your greatest asset. Demonstrate your dedication to an ethical and transparent workplace culture by following whistleblowing laws.

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What is the EU Whistleblower Protection Directive?

The EU Whistleblower Protection Directive came into play December 17, 2021 designed to enhance protection  for individuals who wish to disclose violations of EU rules or workplace misconduct. The regulation applies to EU legal entities, both public and private. It covers private legal entities , with 50 or more employees, and regardless of size if they operate within the financial services sector or in a field that is vulnerable to money laundering.

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Unpacking the complex whistleblowing landscape isn’t easy...

We get it. Navigating the labyrinth of the EU Whistleblower Directive demands a nuanced approach, acknowledging the delicate balance between staying compliant and safeguarding individuals. We get it, and we’re here to help. 

Ensuring cases are delt with correctly, often means we receive questions such as:

  • We need to protect whistleblower identities, but how?
  • With the varying minimum requirements per EU country, how can we track and comply with them all?
  • Do employees know where and how to make a report?
  • What systems do we need to manage, store and respond to cases?
  • How can we view data and statistics around the cases we receive and investigate?

EU Whistleblower Directive Facts

Did you know the below about the EU directive?

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Demonstrate your commitment to whistleblowing compliance.

Whistleblowing is a critical component of successful organizations. Why? Let’s breakdown how effective reporting affects your workforce and keeps the wheels on your business running.

  • Protect personal information to maintain employee trust and stop retaliation
  • Build an ethical culture where people feel their concerns and wellbeing are taken seriously
  • Stay compliant with global requirements and avoid reputational damage or penalties
  • Predict company risks by leveraging and utilizing report data

More insights on the EU Whistleblower Protection Directive

  • Who is protected under the EU Whistleblower Directive?

    The directive protects individuals who report information on EU law breaches that they obtained in a work-related context. This includes employees, freelancers, shareholders, members of administrative or management bodies, and volunteers, among others.

  • What kind of breaches can be reported under this directive?

    Breaches that can be reported include violations of EU laws in areas such as financial services, product and transport safety, environmental protection, public health, consumer protection, and data privacy.

  • How does the directive protect whistleblowers from retaliation?

    The directive ensures whistleblowers are protected from retaliation, including dismissal, demotion, and intimidation. It requires member states to ensure confidential reporting channels and to impose penalties on those who retaliate against whistleblowers.

  • Are businesses required to comply with the directive?

    Yes, all private companies with 50 or more employees and all public sector organizations must establish internal reporting channels and procedures for handling whistleblower reports according to the directive.

  • What should organizations do to comply with the directive?

    Organizations must establish transparent, secure, and confidential reporting channels, provide feedback to whistleblowers within a specific timeframe, and implement measures to prevent retaliation against them.

  • When do EU member states need to transpose the directive into national law?

    EU member states must transpose the directive into national law by December 17, 2021. However, implementation deadlines can vary depending on local legislative processes.

  • What happens if a whistleblower reports externally?

    The directive ensures that whistleblowers can report externally to competent authorities if they believe there is a risk of retaliation, if there is no action taken in response to their initial report, or if they believe that the breach is imminent or dangerous to the public interest.

  • Can anonymous reports be made under this directive?

    The directive allows for anonymous reporting, but it leaves the decision to allow such reports to the discretion of the member states. Even if anonymity is not guaranteed, confidentiality of the whistleblower’s identity must be protected.

  • How does the EU Whistleblower Directive interact with GDPR?

    The directive complements GDPR by providing measures for protecting personal data processed within the framework of whistleblower reports. It ensures that the confidentiality of the whistleblower and any third parties involved is maintained and is in line with GDPR requirements.

Discover how NAVEX One can help you to stay compliant with the EU Whistleblower Directive