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France: Whistleblowing law enacted

The President of France promulgated, on 21 March 20221, Law No. 2022-401 of 21 March 2022 aimed at improving the protection of whistleblowers. In particular, the law transposes the Directive on the Protection of Persons who Report Breaches of Union Law (Directive (EU) 2019/1937) ('the Whistleblowing Directive') into French law and amends the French legal framework for the protection of whistleblowers, as established by Law No. 2016-1691 of December 9, 2016 on Transparency, the Fight against Corruption and the Modernisation of Economic Life ('Sapin II'). Notably, the law expands the definition of a whistleblower, which is now defined as 'a natural person who reports or discloses, without direct financial compensation and in good faith, information relating to a crime, an offence, a threat or harm to the general interest, a violation or an attempt to conceal a violation of international or European Union law, law or regulation'. In addition, the law extends protections for whistleblowers and aims to simplify the reporting channels available to whistleblowers to report incidents, with whistleblowers now able to to choose freely between internal and external reporting.

Finally, the law will come into force on the first day of the month, six months after the date of its promulgation, i.e. on 1 September 2022.

You can read the law, only available in French, here.