• Whistleblower Protection

    Are you ready for the new Protection of the Whistleblower Act?

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Whistleblower Protection Services

  • Is your private or public organization based Malta?

  • Do you employ 50 or more workers?

  • Are you ready for the new Protection of the Whistleblower Act?

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.

The Whistleblower Protection Directive” has been transposed into Maltese law under the “Protection of the Whistleblower Act” in December 2021, meaning that all organizations registered in Malta and employing more than 50 workers are now obliged to comply with the law requirements.

What is the Protection of the Whistleblower Act?

The Protection of the Whistleblower Act 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 the Act, and consequently of the EU Whistleblower 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 Act is to protect whistleblowers from harm or retaliation for reporting EU breaches. The Act 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 individuals who, whilst not being ‘workers’ within the organization, can play a key role in exposing breaches of Union law and may find themselves in a position of economic vulnerability of their work-related activities. Such individuals include suppliers, distributors, freelancers, contractors, and subcontractors. 

The Protection of Whistleblower Act (CAP 527) has been enacted in Malta on 17 December 2021.

How can BDO assist you?

We start by helping clients understand their whistleblower protection compliance obligations,
before creating and executing a remediation plan that meets all the organization’s requirements.

While every plan is specifically customized to meet each of our client’s unique context, our main services are aligned to support the EU Whistleblower Protection requirements, these include the following services:

  • 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 Whistleblower Protection Brochure

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