As the last of the EU member states implement the Whistleblower Directive, we recap the new rules employers need to be aware of, and give our views on whether a ‘one size fits all’ approach is feasible.

Background: the Directive

Back in October 2019, the EU ‘Whistleblower Directive’[1] became effective, requiring EU member states to pass local laws providing minimum standards. Most missed the original deadline of 17 December 2021, but more recently, implementation has picked up pace. This alert gives an update on the status of these new whistleblowing standards across Europe, and recaps the key actions for employers.

Recap: whistleblower standards

The purpose of the Directive was to require EU Member States to establish common minimum standards to ensure that:

1. Companies with at least 50 employees must set up internal reporting channels to allow workers to report breaches of EU law[2]; and
2. Persons who report (whether internally or externally, i.e., to the relevant authorities) or publicly disclose breaches are legally protected against retaliation from their employer or colleagues.

The Directive applies to persons working in the private or public sector who acquire information on a breach “in a work-related” context. Protection also extends to “facilitators” (i.e., persons who assist a whistleblower in the reporting process at work), and to “third persons” (i.e., people such as colleagues or relatives who are connected with the whistleblower and could suffer retaliation...

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