New EU wide protections for whistleblowers approved
10 May 2019
Those disclosing information acquired in a work-related context, on illegal or harmful activities, will be better protected, under new EU rules.
The new rules, adopted with 591 votes in favour, 29 against and 33 abstentions and already agreed with EU ministers, lay down new, EU-wide standards to protect whistle-blowers revealing breaches of EU law in a wide range of areas including public procurement, financial services, money laundering, product and transport safety, nuclear safety, public health, consumer and data protection.
Safe reporting channels
To ensure potential whistle-blowers remain safe and that the information disclosed remains confidential, the new rules allow them to disclose information either internally to the legal entity concerned or directly to competent national authorities, as well as to relevant EU institutions, bodies, offices and agencies.
In cases where no appropriate action was taken in response to the whistle-blower’s initial report, or if they believe there is an imminent danger to the public interest or risk of retaliation, the reporting person will still be protected if they choose to disclose information publicly.
Safeguards against retaliation
The law explicitly prohibits reprisals and introduces safeguards to prevent the whistle-blower from being suspended, demoted and intimidated or facing other forms of retaliation. Those assisting whistle-blowers, such as facilitators, colleagues, relatives are also protected.
Member states must ensure whistle-blowers have access to comprehensive and independent information and advice on available procedures and remedies free-of-charge, as well as legal aid during proceedings. During legal proceedings, those reporting may also receive financial and psychological support.
The law now needs to be approved by EU ministers. Member states will then have two years to comply with the rules.
Background
Recent scandals, from LuxLeaks to Panama Papers, have demonstrated how important whistle-blowers’ revelations are to detect and prevent breaches of EU law harmful to the public interest and the welfare of society. Lack of effective whistle-blower protection at EU level can also negatively impact the functioning of EU policies in a member state, but can also spill over to other countries and the EU as a whole.
Currently, only 10 EU countries (France, Hungary, Ireland, Italy, Lithuania, Malta, Netherlands, Slovakia, Sweden and UK) provide comprehensive legal protection. In the remaining countries, protection is only partial or applies to specific sectors or categories of employee.