The Whistle-blower Directive: enhanced protecion for reporting persons
Directive (EU) 2019/1937, in force as of December 16, 2019 (the “Whistle-blower Directive”), shall enhance protection for whistle-blowers who acquired information on breaches of Union Law in a work-related context, e.g., relating to financial services, prevention of money laundering and terrorist financing, consumer protection, protection of privacy and personal data, and security of network and information systems.

The Whistle-blower Directive refers to public or private entities (i) with at least 50 employees, (ii) with an annual turnover or an annual balance sheet of at least EUR 10 million, or (iii) operating in the financial services sector or otherwise vulnerable to money laundering or terrorist financing.

In reporting any suspected Union Law breach, the whistle-blower can use the internal reporting channels within the concerned entity or external channel set up by the Member State. The whistleblowing channels shall operate in a secure manner by impartial designated persons, ensuring the confidentiality of the identity of the whistle-blower and any third party mentioned in the report.

Under the Whistle-blower Directive, Member States shall prohibit any form of retaliation against whistle-blowers, e.g., suspension, lay-off, dismissal, demotion, negative performance assessment, changes of duties and location, harassment and discrimination.

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