Whistleblower Protection Act passed
On 1 February 2023, the Austrian National Council passed the so-called Whistleblower Protection Act ((WPA) HinweisgeberInnenschutzgesetz). This law regulates a set of obligations for companies in relation to whistleblowing, with the setup of an internal “whistle-blowing system” a priority. This new law will come into force shortly — following a formal confirmation by the Federal Council of Austria, which is still pending. The Austrian legislator is finally implementing the requirements of the EU Whistleblower Directive,1 although with a delay of more than a year.
Below you will find the most important information for employers regarding the new law.
We recommend that companies deal with the WPA’s obligations at an early stage, while setting up a whistleblowing system suitable for their company. This also applies to small businesses employing fewer than 50 employees, in particular, in order to prevent internal information from being disclosed on external reporting channels. Employees should also be trained to understand the importance of using internal rather than external channels and to prevent retaliatory measures against whistleblowers from the start.
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