The New French Whistleblower Protection Law, 'Loi n° 2022-401' or 'Loi Waserman', came into force in France on 1st September 2022 for all public and private organisations with 50 or more employees.
The 'Loi n° 2022-401' or 'Loi Waserman' goes further than France’s existing law “Loi Sapin II”.
This will require organisations to review their compliance programme, as adherence to Loi Sapin II will no longer mean they will automatically comply with the updated whistleblowing regulations.
Download The New French Whistleblowing Protection Law article to learn more.
In its implementation of the EU Whistleblower Protection Directive into national law, France has gone further than the minimum standards required at the EU level.
The new French whistleblower protection law, ‘Loi n° 2022-401 du 21 mars 2022 visant à améliorer la protection des lanceurs d’alerte’ (also referred to as ‘Loi Waserman’), goes further than France’s existing law,
“Loi Sapin II”, that had previously provided protection for whistleblowers. This will require organisations to review their compliance programme, as adherence to Loi Sapin II will no longer mean they will automatically comply with the updated whistleblowing regulations.
Important changes include a broader application of the law in terms ofthe requirements on organisations, the
types of whistleblowers protected and the kind of misconduct that counts as a whistleblowing matter.
The French whistleblowing law, Law Waserman, is based on the minimum standards of the EU directive, which means companies are to comply with the following requirements:
Just like Sapin II, the Law Waserman applies to all organisations with 50 employees or more operating in France. This applies to all organisations at the same time, thus removing the tiered approach outlined by the EU directive.
Protection for whistleblowers has been further strengthened by the introduction of stricter penalties that include three years imprisonment and a fi ne of EUR 60,000 for those who victimise or discriminate against a whistleblower.
In accordance with the EU directive, the new French Whistleblower Protection Law introduces a free choice of reporting.
Previously, whistleblowers in France were obliged to report their concern internally. For external processing of a whistleblowing report to be possible, the report must have fi rst been made internally to the employer or to its representative. This is no longer the case. A whistleblower will now be free to report externally if they do not believe that the case can be resolved internally or if they fear they will be subject to retaliation. Several competent authorities have been appointed to receive external reports, including the French Defender of Rights (Défenseur des droits).
The new law also introduces a wider defi nition for protection given to whistleblowers. Not only are employees protected, but also any natural person who reveals or reports violations of the law or international commitments, or indeed any threat to the public interest. Regardless of whether the information is known directly or indirectly by the person, it will qualify as a whistleblowing report. Those who facilitate or assist whistleblowers, including non-profi t organisations such as trade unions, will also be given protection, as will military personnel.