Academy of European Law publishes WhistleB authored article on the EU Whistleblower Protection Directive

February 9, 2021

Authored by WhistleB’s Jan Tadeusz Stappers, this article takes a deeper look at the EU Whistleblower Protection Directive.

Abstract of the article

The EU Whistleblower Protection Directive is a new legal framework aimed at providing a comprehensive approach to whistleblower protection in the European Union. The Whistleblower Protection Directive aims at protecting and encouraging whistleblowers throughout the EU who report on a range of misconduct that they become aware of through their workplace. The Whistleblower Protection Directive places specific requirements on the nature of whistleblowing channels to be provided. It details requirements regarding confidentiality of the identity of whistleblowers, response times, contact persons, follow-up, communication, GDPR compliance and record keeping.

WhistleB has written about and presented on the Directive many times during the last one and half years, but this article is valuable to those of you who want or need a fuller explanation. It covers: 

  • Rationale behind the Directive, including the cost of malpractice 
  • Material scope i.e. what can be reported
  • Personal scope i.e. who can report and be protected 
  • Requirement for reasonable belief that the reported wrongdoing forms an infringement of EU law
  • Reporting sequence
  • Minimum standards for whistleblower protection
  • GDPR compliance
  • GDPR compliance versus confidentiality
  • Anonymous whistleblowing
  • Non-compliance and penalties
  • Where we are heading including forum shopping and outsourcing of whistleblower management

Click here to read the full article https://rdcu.be/cdBkF or http://link.springer.com/article/10.1007/s12027-021-00649-7

For more details and tips, take a look at the WhistleB resource centre on the EU whistleblower protection directive. You might also be interested in a free trial of the WhistleB ‘Ready-to-Launch’ system to find out how it can help you comply with the Directive. Or feel free to contact us.

Jan Tadeusz Stappers, LL.M.

Senior Manager, Partnerships

jan.stappers@whistleb.com

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