The long-awaited decree of October 3, 2022, specifies the procedures for collecting and processing whistleblower alerts and determines the list of agencies competent to receive external alerts.
French Decree No. 2022-1284 of October 3, 2022, which implements French Law No. 2022-401 of March 21, 2022, on whistleblower protections (also known as the "Waserman Law"), came into effect on October 4, 2022 (the "New Decree"). In particular, the New Decree relates to the procedures for collecting and processing alerts by whistleblowers and lists the external authorities competent to receive such alerts, as referred to by the Waserman Law.
For background, the Waserman Law transposed Directive (EU) 2019/1937 of October 23, 2019, on the protection of persons who report breaches of Union law (the "Directive"), exceeding the Directive's minimum requirements. It also amended the provisions relating to the protection of whistleblowers provided for by Law No. 2016-1691 of December 9, 2016 (the "Sapin II Law").
The New Decree specifies the method for calculating the 50-employee threshold, which triggers an obligation to set up an internal mechanism for collecting and processing alerts under the Sapin II Law. For private law-governed entities, and for public law-governed entities employing staff under private contracts, this threshold will be assessed at the end of two consecutive fiscal years and determined in accordance with the provisions of Article L. 130-1 of the French Social...
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