Are you ready for the Whistleblower Directive?
Clocks WHAT?
From Feb. 15, 2023 the new Belgian whistleblower law comes into force. This law is the transposition of the 'European Directive 2019/1937 on the protection of persons reporting breaches of Union law' under Belgian law.
A so-called "whistleblower" brings violations/misconduct within a company to light. Until recently, these persons were not or insufficiently protected. Therefore, the European Union now obliges the enshrine protection of whistleblowers in legislation. This should lower the threshold for employees to raise violations without fear of reprisal.
Scope
The European Whistleblowing Directive is applicable to the entire private and public sector. Self-employed persons, managerial staff, directors, trainees, applicants, volunteers, former employees, (sub)contractors and suppliers also fall within the scope of this law. It also protects confidants and other third parties (such as family members, colleagues or friends) who assist a whistleblower. For the public and private sectors, the Belgian legislator has provided two separate pieces of legislation.
The whistleblower enjoys protection from retaliation only if he or she reports violations of subsequent legislation:
- government contracts;
- financial services, products and markets, prevention of money laundering and terrorist financing;
- product safety and product compliance;
- transport safety;
- environmental protection;
- radiation protection and nuclear safety;
- food and feed safety, animal health and animal welfare;
- public health;
- consumer protection;
- protection of privacy and personal data, and security of network and information systems;
- combating tax fraud;
- social fraud prevention;
- the financial interests of the European Union;
- Infringements related to the European single market.
By "retaliation," the legislature means harassment, discrimination, demotion, deprivation of training or promotion, negative evaluation, (reputational) damage suspension or dismissal.
What is expected of me?
The obligations resulting from this law depend on the size of the company. Below is a summary of obligations based on size:
| < 50 employees | There must be a reporting channel, but does not have to be internal. So this may also be a internal or external platform are. |
| ≥ 50 employees < 250 employees |
There must be a intern notification platform be and this should as of December 17, 2023 take effect. |
| ≥ 250 employees | There should be as of February 15, 2023 a internal notification platform in operation. These notifications must also anonymous can happen. |
The reporting channel must comply with various requirements (including security, confidentiality, information, diligence and impartiality) and procedural rules.
However, the legislature has also external reporting channels provided. Examples include the NIHDI, RVA, FIRM (Central Information Point on Whistleblower Laws), NSSO and SOID.
Procedure
The Whistleblower Directive requires organizations to develop a procedure regarding the (internal) reporting and follow-up of breaches.
- Whistleblowers should be the notify established violation in writing or orally. Communication channels should be mentioned in the procedure. These channels should ensure the anonymity of the whistleblower (250 employees or more) and the confidentiality of the report. All reports are kept by the organization in a register.
- Enterprises must have a designate impartial person or department who is responsible for following up on reports within specified timeframes.
- The whistleblower must within seven days an acknowledgment of receipt receive. This will also include who will handle the report further and maintain communication with the whistleblower.
- There should be feedback be given on the notification within a period of three months.
- Information should be included in the procedure regarding external reports.
Whistleblowers can also use external reporting channels. For the whistleblower, nothing changes regarding the follow-up of the report.
The whistleblower can also make the information public under certain conditions. This is called the disclosure.
How can Phronesys help?
Phronesys features standard procedures to transpose the whistleblower directive at the corporate level. In addition, a specific "Whistleblower" module developed in the application to secure the (anonymous) reports and feedback loop.
Questions or need advice on implementing the Whistleblower Directive? Get in touch for personal advice.