The EU Whistleblowing Directive
The EU Whistleblowing Directive requires companies to put internal reporting channels in place where confidentiality of the whistleblower will be ensured. After much delay, the vast majority of Member States have now passed legislation to implement the Directive.
This legislation must, as a minimum, oblige all companies with 50 or more workers in the relevant Member State to (amongst other things): (i) put in place appropriate reporting channels to enable those workers to report specified breaches of EU law; and (ii) ensure that those making whistleblowing reports are legally protected against retaliation for having done so. All processing of personal data in connection with whistleblower reports and investigations must be compliant with GDPR.
The Directive required all Member States to have passed legislation covering all companies with 50 or more workers by 17 December 2023. Read more about the implementation of the Directive here.
Our Implementation Tracker
Each Member State has implemented the Directive in different ways and there are local variations. Multi-national employers will need to be mindful of these variations, which may pose challenges for businesses trying to adopt a uniform approach globally. That’s why we created an implementation tracker, which shows progress towards implementation, summarises some of the key aspects of the local implementing legislation and allows for comparison by topic.
International L&E Club – The 5 in 10 Podcast Series
Episode 7: The EU Whistleblowing Directive & key considerations
In episode seven of the 5 in 10 series, London Employment Partner Alison Dixon discusses what is going on with the EU Whistleblowing Directive and the main points to consider when implementing the Directive for companies operating in Europe.
As thought leaders in critical conversations around the people agenda, we are best placed to keep you ahead of the curve on industry trends. The Bird & Bird International L&E Club is your one stop shop for labor and employment horizon scanning through a US lens. Learn more about the International L&E Club and listen to all episodes here.
