[author: Jan Stappers]

An overview of the Directive

Since the transposition deadline of the EU Whistleblowing Protection Directive on December 17, 2021, EU countries and organizations have been scrambling (and struggling) to transpose the rules into their respective legal frameworks. The Directive’s purpose is to provide greater protection across EU countries for those wanting to report breaches of EU law. Those who choose to make a report must be provided with clear reporting hotlines and be protected against retaliation, among other requirements outlined in the Directive. EU legal entities with 250 or more employees, and no later than December 17^th, 2023, organizations employing 50 or more employees must execute the defined reporting system. This also goes for entities in the public sector.

The critical requirements of the Directive include the following:

• Safe and accessible reporting channels
• Ensuring workers know when and where to report wrongdoing
• Protecting the confidentiality of whistleblowers and those involved
• Promptly acknowledging receipt of reports within seven days
• Providing an update on the investigation within three months of the initial report
• Protecting whistleblowers from dismissal, demotion or other forms of workplace retaliation
• Keeping a record of reports for no longer than necessary to comply with GDPR data-keeping rules

The Netherlands Whistleblower Protection Act

To comply with the Directive, the Netherlands’ pre-existing House of Whistleblowers...

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