Whistleblower Protections Strengthened

What do Volkswagen’s diesel emission cheats and the Gardaí who abused the penalty points system have in common? This diverse pair of malefactors were, of course, both exposed by whistleblowers who discovered corruption during the course of their work. Here, our experts provide an overview of draft EU legislation designed to protect whistleblowers... Draft EU law As whistleblowing scandals show no signs of slowing down the European Commission (the Commission) has responded by publishing draft whistleblower protection legislation designed to strengthen protection for persons who report breaches of EU law which they observe during the course of their work. Wide-ranging scope In response to the inconsistent way in which whistleblower protection is applied across the EU, the Commission has proposed a more comprehensive approach. Under the proposals, whistleblowers will enjoy protection for identifying a wide range of breaches of EU law in diverse sectors such as public procurement, financial services, public health (including pharmaceuticals and medical devices), food, transport and animal health; and will include activities under competition law, environmental protection, consumer protection, data protection, privacy, money-laundering and terrorist financing and product safety. Whistleblower protection Under the proposed law, whistleblowers will enjoy procedural and other protections during the course of court proceedings. Employers should also note that whistleblowers will enjoy immunity from prosecution for disclosing information which may be for instance defamatory or disclosed in breach of confidentiality obligations. Internal reporting Businesses with more than 50 employees or with an annual turnover of more than €10,000,000 will be obliged to create internal channels and procedures to handle whistleblower reports. The internal reporting rules will also apply to public administration bodies and other entities of public law. Employees not alone in enjoying whistleblower protection Under the Commission’s proposals, whistleblower protection will extend not only to employees but also to self-employed persons, shareholders, directors, volunteers, freelancers, trainees or any person working under the supervision and direction of a contractor, subcontractor or supplier. Employer protections Employers will be protected from malicious or abusive disclosures made under the guise of whistleblower protection. Each EU state will be required to introduce appropriate penalties to dissuade any such malicious disclosures. To learn more about the protection your employees currently enjoy under whistleblowing legislation please call our 24-hour advice line on 0818 923 923