Legal framework

  • Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons reporting breaches of Union law
  • Luxembourg Law of 16 May 2023 on the protection of persons reporting breaches of Union law transposing Directive (EU) 2019/1937
  • Belgian Law of 28 November 2022 on the protection of persons reporting breaches of Union law or national law within a private sector entity transposing Directive (EU) 2019/1937

 

What is a whistleblower?

A person who, in a professional context, reports a breach of national or European law, under the conditions that:

  • the person has reasonable grounds to believe that the information reported is true ("good faith" reporting), and
  • the report has already been made internally, externally, or publicly disclosed.

 

What is a breach?

Acts or omissions that:

  • are unlawful; or
  • contravene the purpose or provisions of national or European law, in the following areas:

 

Belgium
  • Public procurement
  • Financial services products, and markets
  • Fight against money laundering and terrorist financing
  • Product safety and compliance
  • Transport safety Environmental protection
  • Radiation protection and nuclear safety
  • Food safety Animal health and welfare
  • Public health Consumer protection
  • Personal data protection (GDPR)
  • Fight against social fraud

 

Luxembourg
  • All areas covered by national law

 

Who is affected?

Any Belgian or Luxembourgish company with more than 50 employees.

N.B.: In Belgium, any company with at least one employee, provided it is subject to the obligations of the Law of 18 September 2017 on the prevention of money laundering and terrorist financing, and the restriction of the use of cash.

 

What are your obligations?

  1. Implementation of secure, confidential and/or anonymous internal reporting channels
  2. Development of adequate internal procedures (compliance with legal deadlines...)
  3. Implementation of protective measures for whistleblowers, ensuring effective and balanced protection
  4. Obligation to inform employees and third parties
  5. Possible adjustment of internal regulations

 

What are the penalties for non-compliance with the legislation?

  • Fines ranging from €1,250 to €250,000
  • Imprisonment ranging from 8 days to 3 months

 

Context

The law on the protection of whistleblowers has been applicable in Luxembourg and Belgium since 17 December 2023.

Controls have been effective since the beginning of 2024.

 

 

We invite you to comply with this new legislation as soon as possible.

If you would like assistance with ensuring your company's compliance on this matter, please contact us.