Publication in the Official Journal of the European Union of the directive protecting whistleblowers

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Date:
04 Dec 2019

European Union

By:
Eloïse Hullar

Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (hereinafter referred to as the “Directive”) was published in the Official Journal of the European Union (OJEU) on 26 November 2019. The Directive will have to be transposed by member states by 17 December 2021. For legal entities in the private sector with 50 to 249 employees, transposition of the obligation to establish reporting channels has been put back to no later than 17 December 2023.

The purpose of the Directive is to “enhance the enforcement of Union law and policies in specific areas by laying down common minimum standards providing for a high level of protection of persons reporting breaches of union law”.

As a reminder, the Directive defines a fairly broad material scope (i.e. it is aimed at whistleblowers reporting breaches relating to public health, protection of the environment, protection of privacy and personal data etc.), without however providing particular protection for those reporting breaches of labour law.

However, please note, that on the occasion of a parliamentary question was put to it on 10 October 2019, the Luxembourg Government announced that it intended to broaden the material scope of the Directive to “all national law”.

To find out more about the main changes: click here.

Directive (EU) 2019/1937 of 23 October 2019 on the protection of persons who report breaches of Union law

OJEU, 26 November 2019, no. L 305, p 17

Parliamentary question no. 1314 of 10 October 2019 and response from the Minister of Justice of 18 November 2019