Whistleblower Directive in a nutshell
The Whistleblower Scheme (B.S. 16/12/2022) entails several obligations.
For legal entities with more than 250 employees (and for legal entities in the financial sector), these obligations must be implemented from 15/02/2023.
Legal entities with 50 to 249 employees are granted an extension until 17/12/2023.
Whistleblower Directive in a nutshell
When someone exposes misconduct in their (former) organisation, we speak of a whistleblower. The new legislation introduces the obligation to set up reporting channels so that infringements of certain legislation within private organisations can be detected and addressed at an early stage, while simultaneously offering effective protection to whistleblowers.
The whistleblower can be a (former) employee, applicant, volunteer, intern or self-employed person working in the company, shareholders, directors, but also someone working under the supervision and direction of (sub-)contractors and suppliers, etc.
Premed will not take on the role of reporting channel but can assist in investigations related to reports concerning health, safety and (psychosocial) well-being
This whistleblower directive covers many themes that do not fall within the remit of the internal prevention adviser, confidential adviser, nor External Service for Prevention and Protection at work.
We advise installing a reporting channel where the reporting manager investigates where internal investigation is possible and necessary, or where an external body (e.g., Premed in the context of health, safety and (psychosocial) well-being) needs to be involved.
Internal confidential advisers and internal prevention advisers refer the reporter to the reporting channel if the report does not fit within the scope of health, safety and psychosocial well-being.
It is therefore important to correctly inform and train the internal parties involved in the implementation of this whistleblower directive (the reporting manager, the internal prevention adviser, the confidential advisers, etc.).
It is important for an organisation to clearly communicate about the reporting channel (e.g., via the work regulations, intranet, etc.) to internal employees and also to third parties such as external service providers.
Your social secretariat can support you with this.
Against which infringements?
A whistleblower only enjoys protection if he or she reports a violation of one of the following legislations; your organisation can also expand these violations:
- public procurement;
- financial services, products and markets, prevention of money laundering and terrorist financing;
- product safety and conformity;
- transport safety;
- environmental protection;
- radiation protection and nuclear safety;
- food and feed safety, animal health and welfare;
- public health;
- consumer protection;
- protection of privacy and personal data, and security of network and information systems;
- combating tax fraud;
- combating social fraud;
- the financial interests of the European Union;
- infringements relating to the European internal market.
Notification channels?
The law imposes, among other things, an obligation on organisations and the government to install reporting channels that meet certain requirements to guarantee the confidentiality of the identity of the reporter and the impartial follow-up of a report.
Organisations with at least 50 employees must set up an internal reporting system, after consultation with social partners, and maintain a register of every received report. The reporting channel will have to meet various requirements (including security, confidentiality, information, diligence, and impartiality) and procedural regulations.
Whistleblowers must be able to express their concerns in writing (online, by post, etc.) or verbally (e.g., by phone or in person), via an internal or externally outsourced system. Companies will have to designate an impartial person or department authorized to follow up on reports within certain deadlines.
The internal reporting channel must, through its design, setup, and management, securely protect the confidentiality of the identity of the reporter and of any third parties mentioned in the report. Unauthorized personnel must not have access to it.
As an organisation, you will also need to communicate clearly to internal employees about the reporting channel, as well as to third parties such as external service providers.
The protection for the reporter
When a whistleblower reports a breach of regulations in the aforementioned areas, they also enjoy protection against reprisals in the broadest sense of the word under specific conditions. This includes protection against dismissal, but also suspension, demotion, refusal of promotion, harassment or exclusion, discrimination or adverse treatment, premature termination or cancellation of a contract for the supply of goods or services, etc.
The protective measures also apply to all those connected to the whistleblowers (e.g., colleagues or family members or persons assisting the whistleblower) and who may become victims of reprisals in a work context.
More information?
More information about the role of the VP or the IPA can be found on our website: Confidential adviser or internal prevention adviser as a reporting point for whistleblowers?
For questions about this, you can always contact our psychosocial well-being at work prevention advisers: psychosociale@premed.be
