The Protection of the Whistleblower Act, CAP 529 of the Laws of Malta, which became part of our legislation in 2013, was recently revised with the aim of transposing the requirements of the EU Directive 2019/1937 on the protection of persons who report breaches of union law into our law. The new amendments entered into force on December 24.
The scope
Employers
Prior to the recent amendments, the obligations emanating from the Whistleblower Act applied only to government ministries and large private organisations with a minimum of 250 employees, or with balance sheets or an annual turnover meeting very high thresholds.
In contrast to the prior law, today all entities with a minimum of 50 employees fall within the scope of the law and are required to meet the obligations established therein, primarily the obligation to incorporate internal reporting channels for the protection of whistleblowers who report improper practices at the workplace.
Organisations with less than 50 workers, particularly those which operate in areas wherein environment and public health risks may ensue, are also required to abide by the said obligations, if same is determined following an appropriate risk assessment.
Protected persons
All employees who disclose improper practices by their employers or other employees in the employ of the employer are granted protection from detrimental action. These include self-employed persons, contractors or sub-contractors, outworkers, volunteers, civil servants,...
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