European Parliament approves whistleblowing directive

A Directive containing the EU’s new whistleblowing rules was adopted by the European Parliament on 16 April 2019 in Strasbourg, with 591 votes in favour, 29 against and 33 abstentions.

The rules in question ensure greater safeguards for people who blow the whistle (whistleblowers) on wrongdoings in the workplace, in areas like “public contracts”, “financial services”, “money laundering”, “product and transport safety” “nuclear safety”, “public health”, “consumer and personal data protection”.

This important piece of community legislation became necessary in light of the outcome of a study carried out in 2017 on behalf of the European Commission. In detail, the report estimates that the lack of whistleblower protection results in losses, in the public procurement sector alone, of almost 10 billion euro per year.

Safeguards

To protect potential whistleblowers, and the information reported, the new rules provide for reporting:

• internally within the entity or company the person works for;
• directly to the competent national authorities;
• to EU bodies and agencies.

Protection will be provided even if the reporting person decides to publicly disclose the information if there is an imminent threat for the public interest or a risk of retaliation.

Small undertakings and small municipalities are exempted from the protection rules.

The Directive explicitly prohibits any form of retaliation against the reporting person and provides safeguards against suspension, demotion and intimidation or other forms of reprisal against the person.

Rights

Persons who assist the reporting persons (facilitators, colleagues and relatives) will also receive protection.

Reporting persons must also be guaranteed:

• access to comprehensive and independent information and advice, free of charge, on the procedures and remedies available;
• access to legal aid in proceedings;
• financial assistance and psychological support.

Procedure for adoption of the text of the Directive

Following the final approval of the legislative text by the MEPs, the Member States will have to adapt their national legislation accordingly within two years. In fact, currently, only 10 Countries (France, Hungary, Ireland, Italy, Lithuania, Malta, the Netherlands, Slovakia, Sweden and the United Kingdom) offer complete protection to all sectors or categories of workers.

Related Links:

https://www.delucapartners.it/en/news/2019/whistle-blowing-upcoming-directive/