By 17 December 2021, EU Member States were required to transpose the EU Whistleblower Protection Directive into their national law. The Directive’s purpose is to provide more robust protection across all EU countries for people who report breaches of EU law or ethical misconduct. Employees who decide to file a report must now be provided with clear reporting channels and be protected from retaliation.
This round-up summary covers the pressing questions directed at our experts before our September EU Whistleblower Protection Directive webinar session. Speakers included Jan Stappers, EU Whistleblowing Specialist at NAVEX, and Lauriane Morette, Senior Associate at Fromont Briens | Littler. The webinar focused mainly on challenges and developments in French whistleblowing legislation.
Why did the EC start an infringement procedure against France?
After a delay in the transposition of the EU Whistleblower Protection Directive in France, the European Commission (EC) delivered a Letter of Formal Notice on 27 January 2022. France delivered quickly; on 21 March 2022, it presented the transposition, though with the caveat of being effective from 1 September 2022. This is the New French Whistleblower Protection Law, or Loi Waserman / Loi n 2022-401.
On 15 July, the EC responded with a request for an explanation in writing as to why France still had not transposed the Directive. The law is now effective in France, but a few elements of the EU Directive were still missing in the...
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