• Whistleblower Protection

Whistleblower Protection

  • Is your private or public organization based in the EU?
  • Do you employ 50 or more workers?
  • Are you ready for the new EU Whistleblower Protection Directive?

You need to act now!

The EU Directive 2019/1937, commonly termed as the “Whistleblower Protection Directive”, will be enforceable across EU member states by 17 December 2021. The scope of the Directive is to protect whistleblowers from harm or retaliation for reporting breaches, and therefore, covers a wide range of reporting persons working in the private and public sectors. The Directive imposes effective, proportionate and dissuasive penalties for breaches of the directive, particularly on any persons or organizations who hinder reporting or who retaliate against whistleblowers.

What is the EU Whistleblower Protection Directive?

The EU Directive 2019/1937 on the protection of persons who report breaches of Union law establishes rules and procedures to protect ‘whistleblowers’, these being individuals who report information they acquired in a work-related context on breaches of EU law in key policy areas.

Breaches falling within the scope of this Directive may concern:

  1. the EU’s financial interest;
  2. internal market, EU competition and national corporate tax rules;
  3. privacy and personal data;
  4. information security;
  5. food and feed safety;
  6. consumer protection;
  7. transport and product safety;
  8. financial services;
  9. fraudulent activity;
  10. prevention of money laundering and terrorist financing; and
  11. corruption and bribery.

The scope of the Directive is to protect whistleblowers from harm or retaliation for reporting EU breaches. The Directive covers a wide range of reporting persons working in the private and public sectors. Potential reporting persons include:

  • employees and shareholders;
  • trainees and job applicants;
  • management and supervisory bodies; and/or
  • all other persons who are connected to whistleblowers.

Protection extends also to suppliers, distributors, freelancers, contractors, and subcontractors.

The EU Directive 2019/1937 will be enforceable across EU member states by 17 December 2021.

How can BDO help?

BDO Malta can assist organizations with the:

  • development of internal reporting whistleblowing channels;
  • development of a tailored risk management framework;
  • outsourcing of the whistleblower protection investigating unit; and
  • provision of whistleblower protection training.

In the course of developing a tailored organizational framework, BDO will hold discussions with the top management to ensure the internal mechanisms in place reflect the internal processes, values and set up.

Download the BDO Malta Whistleblower Protection brochure.