GENERAL REGIME FOR THE PROTECTION OF WHISTLEBLOWERS
Dear customer,
Law 93/2021 transposed Directive (EU) 2019/1937 of 23 October 2019 on the protection of persons who report breaches of European Union law.
Law 93/2021 transposed Directive (EU) 2019/1937 of 23 October 2019 on the protection of persons who report breaches of European Union law.
What is the impact of this law?
This law imposes the obligation to set up whistleblowing channels for organisations that employ 50 or more workers.
Who can be a whistleblower?
A natural person who reports or publicly discloses an offence on the basis of information obtained in the course of professional activity.
The following can be considered whistleblowers
The following can be considered whistleblowers
- Workers in the private, social or public sector;
- Service providers, contractors, subcontractors and suppliers, as well as any persons acting under their supervision and direction;
- Holders of shareholdings and persons belonging to the administrative or management bodies or to the fiscal or supervisory bodies of legal persons, including non-executive members;
- Volunteers and trainees, paid or unpaid.
The means of reporting
This law provides for internal complaints and external complaints.
These complaints can be made in writing, verbally or both. The whistleblower must be notified within seven days of receipt of the complaint, and internal company investigations may not last more than three months. The whistleblower must be informed of the measures taken in an internal investigation.
Internal whistleblowing mechanisms must have the following features:
These complaints can be made in writing, verbally or both. The whistleblower must be notified within seven days of receipt of the complaint, and internal company investigations may not last more than three months. The whistleblower must be informed of the measures taken in an internal investigation.
Internal whistleblowing mechanisms must have the following features:
- Ensure the safe submission and follow-up of complaints in order to guarantee the completeness, integrity and preservation of the complaint;
- Ensure the confidentiality of the identity or anonymity of whistleblowers and the confidentiality of the identity of third parties mentioned in the report;
- Prevent access by unauthorised persons.
- There is no internal whistleblowing channel;
- You have reasonable grounds to believe that the offence cannot be effectively known or resolved internally or that there is a risk of retaliation;
- You have initially lodged an internal complaint without being informed of the measures envisaged or adopted following the complaint within the time limits provided for in this law.
What offences are covered by this law?
The offences may concern the following areas:
- Public procurement;
- Financial markets and the prevention of money laundering and terrorist financing;
- Food and feed safety, animal health and animal welfare;
- Public health;
- Consumer protection;
- Protection of privacy and personal data and security of network and information systems;
- Transport security;
- Environmental protection;
- Radiation protection and nuclear safety.
Whistleblower protection measures
The law prohibits acts of retaliation against the whistleblower, defined as any act or omission that directly or indirectly harms the whistleblower, in an unjustified manner, in the professional context and motivated by the submission of the internal or external complaint.
These acts are presumed to be motivated by the whistleblowing when they are carried out up to two years after the whistleblowing or public disclosure of the offence.
These acts are presumed to be motivated by the whistleblowing when they are carried out up to two years after the whistleblowing or public disclosure of the offence.
When does it come into force?
This measure comes into force on 18 June 2022.