7 February 2023
megaphone

Whistleblower Directive in a nutshell

When someone brings abuses in their (former) organisation to light, we speak of a whistleblower. According to new legislation, every employer with 50 or more employees must establish a reporting channel for this purpose.

The administrator of this reporting channel is an impartial person or service authorized to follow up on reports, maintain communication with the reporter, provide them with feedback, and, where applicable, receive reports. The reporting administrator can be either an internal person or an external person or external organisation.

What is the subject about?

This legislation concerns infringements related to the public interest, such as fraud, product or food safety, environmental protection, public health, consumer protection, animal welfare, etc. Individual issues, such as transgressive behaviour at work, do not fall within the scope of this legislation.

Can an internal prevention adviser or confidential adviser be appointed as a notification manager?

Legally this is possible, but we advise not to combine these roles. The role of notification manager could conflict with the neutrality and independence or professional secrecy of the internal prevention adviser or confidential person. The notification manager is obliged to take action in certain situations, while a confidential person may only take action after discussion and with the consent of the applicant.

However, we advise all internal prevention advisers and confidential counselors to contact the notification manager appointed for the organisation. By clarifying each other's assignment and role in mutual dialogue, a correct and efficient follow-up of notifications can be achieved, with referrals to each other when necessary.

We believe that in this way the best possible support can be offered, to the benefit of both the notifier and the organisation.

More information?

More information about the regulation itself can be found on our website: The Whistleblower Scheme: an overview

For questions about this, you can always contact our prevention advisers for psychosocial well-being at work: psychosociale@premed.be

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