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EU Commission adopts a report assessing the transposition of the Whistleblower Protection Directive
On 3 July 2024, the European Commission adopted a report assessing the transposition of the Whistleblower Protection Directive. The report evaluates the compliance of the transposition measures adopted by the EU Member States with the Directive’s provisions, highlighting main shortcomings.
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Camilo Rubiano
The key findings from the report include:
All EU Member States have transposed the Directive’s main provisions, but improvements are needed in certain key areas, such as the material scope, conditions for protection, and measures against retaliation, particularly exemptions from liability and penalties.
The overall transposition of the Directive was very late.
You can read the report HERE.
EU Directive 2019/1937: The Whistleblower Protection Directive
Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (the ‘Whistleblower Protection Directive’) sets minimum standards at the EU level, aiming to guarantee high-level, balanced, and effective protection for persons reporting breaches of rules in various areas, such as public procurement, financial services, anti-money laundering, food safety, transport safety, consumer protection, environmental protection, and public health.
The Directive requires Member States to ensure that:
Whistleblowers have effective channels to report breaches of EU rules confidentially, both internally (within an organization) and externally (to a competent authority).
Whistleblowers’ reports are properly investigated and acted upon by the organizations and competent authorities.
Whistleblowers are protected from retaliation.
This Directive entered into force on 16 December 2019, and EU Member States had until 17 December 2021 to transpose it into their national laws.