Whistleblowing

WHAT IS IT ABOUT?

The Whistleblowing Directive (EU) 2019/1937 aims at protecting those who want to report violations of European Union law in their organization, in a rather broad range of areas, such as

• public procurement,
• financial services, products and markets and prevention of money laundering and terrorist financing
• product safety and compliance
• transport safety (including aviation and maritime transport),
• protection of environment,
• public health
• consumer protection
• nuclear safety,
• food safety,
• privacy,
• breaches relating to the internal market, including competition law and state aid rules
• tax law and
• breaches affecting the financial interests of the EU.

Whistleblowers (klokkenluiders / lanceurs d’alerte) will enjoy legal protection across Europe against any form of retaliation or threat of retaliation from their organization.

WHO IS CONCERNED?

All private and public organizations in Europe, including non-profit organizations, are obliged to comply with the directive.

The directive protects all persons who have a work-related relation with the company and are in a position of economic vulnerability vis-à-vis the organization. The directive intends to grant to broadest possible protection. This means that not only employees and civil servants are protected, but for example also self-employed persons, shareholders, managers, advisors, trainees, paid or unpaid, persons working for subcontractor, distributors and persons who are connected to the whistleblower, their legal entities,…

THE OBLIGATION TO SET UP A WHISTLEBLOWER SYSTEM

Any company of minimum 50 persons must set up an internal reporting channel which must meet strict requirement, particularly in terms of security, confidentiality, information given and impartiality.

WHAT IS THE TIMING?

The directive must be implemented into Belgian law by December 17, 2021 at the latest. The directive sets common standards for the whole of Europe, but Member states are entitled to provide larger or stricter rules.

The final rules will depend and timing on the implementation laws in every Member States. The Belgian implementation law is not yet available.

HOW CAN WE HELP?

Together with our IT partner Whistleblower Software from Denmark < Whistleblower Software > we offer a cost-efficient and full-service solution that helps companies to comply with the directive by:

• putting in place a customized whistleblower system that is secure and fully compliant with the directive and national laws
• offering a centralized solution for organizations with multiple locations in Europe
• educating organizations on their obligations under the directive
• receiving whistleblowing reports, following them up and assessing them in a discrete, independent and professional way, in close cooperation with the organization
• if needed, handling the cases which are reported, in all legal areas that are covered by the directive and labour law

Whistleblowers Software’s whistleblowers system is:

• transparent and user-friendly
• supports more than 70 languages
• ISAE audited, using ISO 27001 certified hosting combined with initiatives such as End-to-End encryption
• Schrems II compliant
• compliant with GDPR and all global privacy laws

INFO OR DEMO?

CONTACT : olivier.dugardyn@d-lawfirm.be or fvdb@d-lawfirm.be
Our fees are simple, transparent and reasonable: see attached