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Romania: Draft whistleblowing law presented to Chamber of Deputies

The draft Law on the Protection of Whistleblowers in the Public Interest was presented, on 26 April 2022, to the Chamber of Deputies, following its adoption by the Senate, on 19 April 2022. In particular, with a view to transposing the Directive on the Protection of Persons who Report Breaches of Union Law (Directive (EU) 2019/1937) ('the Whistleblowing Directive'), the draft law applies to persons who make reports and who have obtained information regarding violations of the law, in a professional context, including workers, persons carrying out an independent activity, and shareholders, among others. In addition, the draft law provides general principles relevant to whistleblowing, such as principles of legality, impartiality, and liability, according to which authorities, public institutions, other legal persons under public law, as well as legal persons under private law have the obligation to respect the fundamental rights and freedoms of citizens. Furthermore, the draft law contains chapters on:

  • reporting modalities and common reporting provisions, which entail an obligation to maintain confidentiality;
  • reporting through internal reporting channels;
  • protective measures;
  • support and remedial measures; and
  • penalties. 

If enacted, the draft law would require private legal entities with 50 to 249 employees to establish internal reporting procedures from 17 December 2023, and would repeal Law No. 571/2004 on the Protection of Personnel from Public Authorities, Public Institutions and Other Units that Report Violations of the Law.

You can track the progress of the draft law here and download the draft law here, both only available in Romanian.