The Advisory Division of the Council of State issued, on 2 June 2021, its advice on the bill amending the House for Whistleblowers Act and any other laws will implement Directive on the Protection of Persons who Report Breaches of Union Law (Directive (EU) 2019/1937) ('the Whistleblowing Directive'). In particular, the Council of State confirmed that the bill, which was submitted to the House of Representatives on 2 June 2021, will amend the existing Whistleblowers Authority Act and will be called the Whistleblowers Protection Act.

Additionally, the Advisory Division, amongst other things, emphasised the implications of the removal of the legal obligation to first report internally and recommended organisations to create an open and safe organisational culture. The Advisory Division pointed out that discussing external report in a preliminary meeting can avoid unnecessary legalisation and escalation. Furthermore, the Advisory Division noted that a safe organisational culture is also important for the government in order to achieve the proper and effective function of public accountability mechanisms.

Moreover, the Advisory Division commented that by not equating the European and national regime on all points, the bill contributes to making the legal rules for reporting persons and competent authorities more complex.

You can read the press release, only available in Dutch, here.