EU Whistleblower Directive

The EU Whistleblower Directive (Directive (EU) 2019/1937) is a significant piece of legislation designed to protect individuals who report breaches of EU law. It was adopted by the European Parliament and the Council in October 2019 and came into effect on December 16, 2019. The main goal of this directive is to provide a high level of protection for whistleblowers across the European Union, ensuring that they are not subjected to retaliation and that their disclosures are handled appropriately.

Key aspects of the directive include:

1. Scope: The directive covers a wide range of EU laws, including those related to public procurement, financial services, money laundering, product safety, environmental protection, and public health. It aims to ensure that individuals can report breaches of these laws without fear of retaliation.

2. Reporting Channels: The directive requires both private and public sector organizations with 50 or more employees to establish secure and confidential reporting channels. These channels must allow whistleblowers to report both internally (within the organization) and externally (to competent authorities).

3. Protection Measures: Whistleblowers are protected from retaliation, including dismissal, demotion, and discrimination. The directive also provides safeguards against other forms of punishment, such as harassment or damage to reputation.

4. Support for Whistleblowers: The directive mandates that whistleblowers should have access to free advice and adequate remedies if they face retaliation. They should also be protected from legal costs related to defending themselves.

5. Confidentiality: The identity of the whistleblower must be kept confidential unless disclosure is necessary and legally justified.

6. Burden of Proof: In legal proceedings, the directive shifts the burden of proof to the employer or retaliating party, who must demonstrate that their actions were not in retaliation for the whistleblower’s report.

This directive is a step toward harmonizing the protections for whistleblowers across EU member states, encouraging transparency and accountability in both the public and private sectors.