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Slovenia: Draft whistleblower protection law published for consultation

The Ministry of Justice announced, on 9 December 2021, that proposal No. 007-687/2021 on the law on the protection of whistleblowers was published on 8 December 2021. In particular, the draft law aims to transpose the Directive on the Protection of Persons who Report Breaches of Union Law (Directive (EU) 2019/1937) ('the Whistleblowing Directive') into national law and strengthen the protection of whistleblowers by providing:

  • clear and easily accessible information on procedures, judicial protection, and access to free advice;
  • clear internal and external notification channels to ensure the protection of confidentiality, both in the public and private sector;
  • diligent action by the recipients of the whistleblowers' applications and provision of feedback;
  • prohibiting and sanctioning retaliation in all possible forms; and
  • adequate legal remedies for applicants who have faced retaliation.

Specifically, with regards to the internal and external notification channels, the draft law provides that employers in the private and public sectors are obliged to establish such channels by specifying a trusted individual to handle the internal notification, as well as a method of such notification which must ensure the confidentiality of the applicant's identity. In addition, the draft law addresses, among other things, public disclosure of infringements, outlines the possible forms of retaliation, and sets out that fines ranging between €2,000 and €6,000 may be imposed on companies that do not comply with the provisions of the law.

Comments on the draft law can be submitted by 23 December 2021 here. The law will enter into force the fifteenth day following its publication in the Official Gazette.

You can read the proposal, only available in Slovenian, here.