Whistleblower Legislation

Most national laws and regulations of European member states already address whistleblowing and the protection of the reporter. The purpose of the Directive is to create a minimum level of protection in all member states.

The first step is addressing the persons eligible for protection and the Directive significantly increases this audience by expanding the scope of whistleblowers. In addition to workers, a wide variety of persons may report in a work-related context, which must be interpreted broadly; it includes current and past work-related activities, contractors and suppliers, as well as shareholders or job applicants. Furthermore, protection should be provided to others who can experience indirect retaliatory measures due to a report. Such persons may include facilitators, colleagues or relatives of the reporting person.

Under this directive, whistleblowers will be protected from retaliation for reporting breaches within the following areas:

• Public procurement; financial services, products and markets, and prevention of money laundering and terrorist financing; product safety and compliance; transport safety; protection of the environment; radiation protection and nuclear safety; food and feed safety, animal health and welfare; public health; consumer protection; and protection of privacy and personal data, and security of network and information systems.

In order to safeguard freedom of expression and freedom of the media, whistleblowers will remain protected regardless of if they report breaches internally within their organization to any outside authority or through online platforms or social media.