Emtract Ingest

Whistleblower Protection Directive In force Unlisted

Overview

Jurisdiction
European Union
Topic
-
Instrument type
Directive
Reference number
2019/1937
Valid from
2019-12-16
Valid to
1111-11-11
Modified date
2611-11-26
Listed at
Unlisted draft
Withdrawn at
-
Description
Establishes common minimum standards to protect whistleblowers who report or publicly disclose breaches of Union law, and requires certain companies to provide confidential internal reporting channels and prevent retaliation.

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No regulation sources to answer questions from yet.

Sources

No regulation sources yet.

Rule sets

Label Effective
Private companies with 50 to 249 workers outside sector-specific regimes 2023-12-17 — 9999-12-31
Applies from milestone:
Transposition Deadline (2023-12-17)
Expires at milestone:
-
Conditions:
Private companies with at least 250 workers outside sector-specific regimes 2021-12-17 — 9999-12-31
Applies from milestone:
Transposition Deadline (2021-12-17)
Expires at milestone:
-
Conditions:
Sector-specific private companies with no more than 49 workers 2021-12-17 — 9999-12-31
Applies from milestone:
Transposition Deadline (2021-12-17)
Expires at milestone:
-
Conditions:
Sector-specific private companies with 50 to 249 workers during the transitional phase 2021-12-17 — 2023-12-16
Applies from milestone:
Transposition Deadline (2021-12-17)
Expires at milestone:
-
Conditions:
Sector-specific private companies with at least 250 workers 2021-12-17 — 9999-12-31
Applies from milestone:
Transposition Deadline (2021-12-17)
Expires at milestone:
-
Conditions:

Questions this regulation asks

Attributes only this regulation asks about — criteria no general attribute expresses. A company answers each once.

This regulation asks no questions of its own — every condition uses a general attribute.

Obligations

Title Kind Rule set
Establish internal reporting channels Governance -
Description:
Establish internal reporting channels and procedures for internal reporting and follow-up.
Frequency:
Continuous
Check frequency:
-
Products/Services:
Activities and products covered by the areas and Union acts referred to in Article 2(1)
Checking responsibility:
-
Check method:
-
Rule set:
-
Source reference:
Article 8(1)
Source excerpt:
Member States shall ensure that legal entities in the private and public sector establish channels and procedures for internal reporting and for follow-up, following consultation and in agreement with the social partners where provided for by national law.
Secure and confidential reporting channels Governance -
Description:
Design, establish and operate reporting channels securely so that the identity of the reporting person and any third party mentioned in the report remains confidential and unauthorised access is prevented.
Frequency:
Continuous
Check frequency:
-
Products/Services:
-
Checking responsibility:
The company or entrusted third parties operating the reporting channel
Check method:
-
Rule set:
-
Source reference:
Article 9(1)(a)
Source excerpt:
channels for receiving the reports which are designed, established and operated in a secure manner that ensures that the confidentiality of the identity of the reporting person and any third party mentioned in the report is protected, and prevents access thereto by non-authorised staff members;
Acknowledge receipt within seven days Other -
Description:
Acknowledge receipt of a report to the reporting person within seven days.
Frequency:
Event-triggered
Check frequency:
-
Products/Services:
-
Checking responsibility:
Person or department responsible for handling reports
Check method:
Time check from receipt of the report
Rule set:
-
Source reference:
Article 9(1)(b)
Source excerpt:
acknowledgment of receipt of the report to the reporting person within seven days of that receipt;
Designate an impartial reporting function Governance -
Description:
Designate an impartial person or department to follow up on reports, communicate with the reporting person, request further information where necessary and provide feedback.
Frequency:
Continuous
Check frequency:
-
Products/Services:
-
Checking responsibility:
An impartial competent person or department
Check method:
-
Rule set:
-
Source reference:
Article 9(1)(c)
Source excerpt:
the designation of an impartial person or department competent for following-up on the reports which may be the same person or department as the one that receives the reports and which will maintain communication with the reporting person and, where necessary, ask for further information from and provide feedback to that reporting person;
Diligent follow-up of reports Due Diligence -
Description:
Diligently follow up on reports and, where provided for in national law, diligently follow up on anonymous reports.
Frequency:
Event-triggered
Check frequency:
-
Products/Services:
-
Checking responsibility:
The designated competent person or department
Check method:
-
Rule set:
-
Source reference:
Article 9(1)(d)
Source excerpt:
diligent follow-up by the designated person or department referred to in point (c);
Provide feedback within three months Other -
Description:
Provide feedback to the reporting person within a reasonable timeframe not exceeding three months.
Frequency:
Event-triggered
Check frequency:
-
Products/Services:
-
Checking responsibility:
The designated competent person or department
Check method:
Deadline check from acknowledgement or expiry of the seven-day period
Rule set:
-
Source reference:
Article 9(1)(f)
Source excerpt:
a reasonable timeframe to provide feedback, not exceeding three months from the acknowledgment of receipt or, if no acknowledgement was sent to the reporting person, three months from the expiry of the seven-day period after the report was made;
Information on external reporting procedures Stakeholder Engagement -
Description:
Provide clear and easily accessible information on procedures for external reporting to competent authorities and, where relevant, to Union institutions, bodies, offices or agencies.
Frequency:
Continuous
Check frequency:
-
Products/Services:
-
Checking responsibility:
The company
Check method:
-
Rule set:
-
Source reference:
Article 9(1)(g)
Source excerpt:
provision of clear and easily accessible information regarding the procedures for reporting externally to competent authorities pursuant to Article 10 and, where relevant, to institutions, bodies, offices or agencies of the Union.
Enable written and oral reporting Governance -
Description:
Enable reporting in writing or orally; oral reporting must be possible by telephone or other voice messaging systems and, upon request, through a physical meeting.
Frequency:
Continuous
Check frequency:
-
Products/Services:
-
Checking responsibility:
The company
Check method:
-
Rule set:
-
Source reference:
Article 9(2)
Source excerpt:
The channels provided for in point (a) of paragraph 1 shall enable reporting in writing or orally, or both. Oral reporting shall be possible by telephone or through other voice messaging systems, and, upon request by the reporting person, by means of a physical meeting within a reasonable timeframe.
Record and retain reports Record Keeping -
Description:
Keep a record of every report received in compliance with confidentiality requirements and store it only for as long as necessary and proportionate.
Frequency:
Event-triggered
Check frequency:
-
Products/Services:
-
Checking responsibility:
The company
Check method:
-
Rule set:
-
Source reference:
Article 18(1)
Source excerpt:
Member States shall ensure that legal entities in the private and public sector and competent authorities keep records of every report received, in compliance with the confidentiality requirements provided for in Article 16. Reports shall be stored for no longer than it is necessary and proportionate in order to comply with the requirements imposed by this Directive, or other requirements imposed by Union or national law.
Document oral reports and meetings Record Keeping -
Description:
Document oral reports made through recorded or unrecorded telephone or voice channels and physical meetings in a durable and retrievable form through a recording, complete transcript or accurate minutes, and allow the reporting person to check, rectify and approve the record.
Frequency:
Event-triggered
Check frequency:
-
Products/Services:
-
Checking responsibility:
Staff members responsible for handling the report
Check method:
-
Rule set:
-
Source reference:
Article 18(3)
Source excerpt:
Where an unrecorded telephone line or another unrecorded voice messaging system is used for reporting, legal entities in the private and public sector and competent authorities shall have the right to document the oral reporting in the form of accurate minutes of the conversation written by the staff member responsible for handling the report. Legal entities in the private and public sector and competent authorities shall offer the reporting person the opportunity to check, rectify and agree the minutes of the conversation by signing them.

Measures

No measures.

Penalties

Description Kind Rule set
Effective, proportionate and dissuasive penalties for natural or legal persons that hinder or attempt to hinder reporting. Other Prohibitions and Exclusions -
Responsible authority:
-
Source reference:
Article 23(1)(a)
Source excerpt:
Member States shall provide for effective, proportionate and dissuasive penalties applicable to natural or legal persons that: (a) hinder or attempt to hinder reporting;
Effective, proportionate and dissuasive penalties for natural or legal persons that retaliate against protected persons. Other Prohibitions and Exclusions -
Responsible authority:
-
Source reference:
Article 23(1)(b)
Source excerpt:
Member States shall provide for effective, proportionate and dissuasive penalties applicable to natural or legal persons that: (b) retaliate against persons referred to in Article 4;
Effective, proportionate and dissuasive penalties for natural or legal persons that bring vexatious proceedings against protected persons. Private Action -
Responsible authority:
-
Source reference:
Article 23(1)(c)
Source excerpt:
Member States shall provide for effective, proportionate and dissuasive penalties applicable to natural or legal persons that: (c) bring vexatious proceedings against persons referred to in Article 4;
Effective, proportionate and dissuasive penalties for natural or legal persons that breach the duty to maintain the confidentiality of reporting persons' identities. Other -
Responsible authority:
-
Source reference:
Article 23(1)(d)
Source excerpt:
Member States shall provide for effective, proportionate and dissuasive penalties applicable to natural or legal persons that: (d) breach the duty of maintaining the confidentiality of the identity of reporting persons, as referred to in Article 16.

Milestones

Date Type Description
2019-10-23 Adopted Adoption of the Directive
Source reference:
Final recital before Article 1
Source excerpt:
Done at Strasbourg, 23 October 2019.
2019-11-26 Other Publication in the Official Journal of the European Union
Source reference:
Official Journal header
Source excerpt:
26.11.2019
2021-12-17 Transposition Deadline Deadline for Member States to transpose the Directive
Source reference:
Article 26(1)
Source excerpt:
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 17 December 2021.
2023-12-17 Transposition Deadline Transposition deadline for internal reporting channels at private companies with 50 to 249 workers
Source reference:
Article 26(2)
Source excerpt:
Member States shall by 17 December 2023 bring into force the laws, regulations and administrative provisions necessary to comply with the obligation to establish internal reporting channels under Article 8(3).

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