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EU Whistleblowing Directive Tracker
Individuals working in private or public organisations are often the first to know about threats to the public interest and violations of EU law. However, fear of retaliation, i.e. an act that occurs within the work-related context in response to a whistleblower report and which may cause detriment to the whistleblower, may discourage reporting of breaches in a work-related context.
In light of the fragmented legislative approaches towards whistleblowers' protection, the European Commission issued, on 23 April 2018, a legislative proposal for the Directive on the Protection of Persons who Report Breaches of Union Law (Directive (EU) 2019/1937) ('the Whistleblowing Directive'), which aims to set out some common minimum standards throughout the EU for the protection of whistleblowers.
The proposal was adopted by the European Parliament at its first reading through a resolution on 16 April 2019.
Following the European Parliament's approval, the Council of the European Union adopted, on 7 October 2019, the Whistleblowing Directive (press release available here), which was subsequently published in the Official Journal of the EU on 26 November 2019. The Whistleblowing Directive entered into force on 16 December 2019, twenty days after its publication in the Official Journal. Member States were required to transpose the Whistleblowing Directive into national legislation by 17 December 2021.
Shortly after the deadline for transposition, the European Commission initiated, on 27 January 2022, infringement proceedings against Member States that did not transpose the Whistleblowing Directive in a timely manner (infringement decisions available here).
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- title
- Status
- Last Update
- Official Text
- Austria
Implemented
25/02/2023
2 August 2021: There is no publicly available draft bill implementing the Whistleblowing Directive. However, the Federal Minister of Labour confirmed that a bill is currently being worked on and is expected to be submitted to Parliament in autumn 2021 (announcement, only available in German, here).
27 January 2022: The European Commission initiated infringement proceedings against Austria (infringement decisions available here).
9 February 2022: The Province of Tyrol adopted the Law of 9 February 2022 on the establishment of whistleblower systems for certain violations of Union law and the protection of whistleblowers (only available in German here), and the Law of 9 February 2022 with which accompanying regulations to the Whistleblower Act are enacted (only available in German here), to implement the Whistleblowing Directive. OneTrust DataGuidance Research confirmed with Dietmar Huemer, Attorney at Legis, that these laws relate to the internal organisation of the provincial agencies, as well as other public entities subject to provincial legislation, such as the municipalities. The laws, therefore, have a limited impact, relating to the public sector in the Province of Tyrol only.
20 April 2022: The State of Burgenland adopted two laws (only available in German here and here) to transpose the Whistleblowing Directive. As is the case with other state and provincial laws, such laws have limited effect on private entities.
3 June 2022: The Federal Ministry of Labour submitted to the National Council a draft law to implement the Whistleblowing Directive for public consultation. According to the legislative brief, the draft law is currently limited to implementing the minimum standards established by the Whistleblowing Directive, in view of keeping the burden on small and medium-sized companies low. Comments on the draft law may be provided until 15 July 2022.
13 June 2022: The State of Vorarlberg adopted a Whistleblower Protection Act (only available in German here) to transpose the Whistleblowing Directive. As is the case with other state and provincial laws, such laws have limited effect on private entities.
30 June 2022: The State of Styria adopted a Whistleblower Protection Act (only available in German here) to transpose the Whistleblowing Directive. As is the case with other state and provincial laws, such laws have limited effect on private entities.
18 July 2022: According to the legislative portal, the draft law has been transmitted to the Federal Ministry of Labour.
29 September 2022: The European Commission announced that it had taken further steps in its infringement procedure by issuing a reasoned opinion. Member States have two months to reply. If the replies are not satisfactory, the Commission may refer to the Court of Justice of the European Union (press release available here and infringement decisions available here).
25 January 2023: The Social Committee of the National Council approved the draft law and accompanying amendments (press release, only available in German, here).
1 February 2023: The draft law passed the National Council and has been referred to the Federal Council's Committee on Labour, Social Affairs and Consumer Protection (press release, only available in German, here).
24 February 2023: The Whistleblower Protection Act has been adopted and published in the Official Gazette and will enter into force on the day following its promulgation, with the exception of Sections 11 to 13, which will enter into force on 17 December 2023 (press release here and Act here, both only available in German).
25 February 2023: The Whistleblower Protection Act entered into force.
Legislative portal: https://www.parlament.gv.at/PAKT/VHG/XXVII/ME/ME_00210/index.shtml (only available in German)
Official text: https://www.parlament.gv.at/PAKT/VHG/XXVII/ME/ME_00210/fname_1450390.pdf (only available in German) / https://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2023_I_6/BGBLA_2023_I_6.pdfsig (Whistleblower Protection Act, as published in the Official Gazette, only available in Austrian)
- Belgium
Implemented
15/02/2023
9 January 2021: The Parliament passed a motion for a resolution on measures to protect whistleblowers and for the implementation of the Whistleblowing Directive (motion, only available in Dutch and French, here).
27 January 2022: The European Commission initiated infringement proceedings against Belgium (infringement decisions available here).
25 February 2022: The Council of Ministers approved a preliminary draft law for the private sector to transpose the Whistleblowing Directive. Please note that the text of the draft law for the private sector is currently not publicly available, although it has been submitted to the Council of State for consideration (press release, only available in French and Dutch, here and here).
29 September 2022: The European Commission announced that it had taken further steps in its infringement procedure by issuing a reasoned opinion. Member States have two months to reply. If the replies are not satisfactory, the Commission may refer to the Court of Justice of the European Union (press release available here and infringement decisions available here).
27 October 2022: The Belgian Parliamentary Committee on Economy, Consumer Protection and Digital Agenda approved a draft law for the private sector, which is now now awaiting approval from the plenary Parliament Assembly (draft law, only available in French and Dutch, here).
13 January 2023: The Council of Ministers approved a draft Royal Decree designating the competent authorities to receive reports of violations of Union or national law within a legal entity in the private sector, which completes the transposition into national law of Whistleblowing Directive, by designating the authorities entitled to receive external alerts of violations and competent to investigate and follow-up on the alerts, as well as to issue sanctions (press release here and draft Royal Decree here, both only available in French and Dutch).
28 November 2022: The House of Representatives adopted Bill 55K2912 on the protection of persons who report violations of Union law or national law found within a legal entity in the private sector (draft law for private sector, only available in French and Dutch, here).
8 December 2022: According to the legislative portal, the House of Representatives adopted Bill 55K2952 on reporting channels and protection of whistleblowers reporting integrity violations in the federal public sector and the integrated police, with amendments.
23 December 2022: The whistleblowing law for the public sector was published in the Official Gazette (draft law for public sector, as published in the Official Gazette, here).
15 February 2023: The whistleblowing law for the private sector entered into force, following its publication in the Official Gazette.
Legislative portal (public sector): https://www.dekamer.be/kvvcr/showpage.cfm?section=/flwb&language=nl&cfm=/site/wwwcfm/flwb/flwbn.cfm?lang=N&legislat=55&dossierID=2952 (only available in French and Dutch)
Official Text: https://www.ejustice.just.fgov.be/eli/loi/2022/11/28/2022042980/justel (private sector, only available in French and Dutch) / https://www.ejustice.just.fgov.be/mopdf/2022/12/23_1.pdf#Page10 (public sector, only available in French and Dutch)
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