[author: Mark Robertson]
It has now been three years since the EU whistleblower protection directive (“Directive”) entered into force. The Directive’s minimum standards are certainly no great mystery at this point – entities meeting the fifty-worker threshold must establish internal reporting channels and procedures for the receipt of whistleblower reports and protection of the whistleblower against retaliation.
What remains a challenging unknown, however, is the extent to which each member state’s transposition of the Directive meets or exceeds the Directive’s minimum standards. This is because of the staggered cadence of legislative enactments by EU member states and the failure of many member states to enact legislation at all. Now one year overdue, as of this writing, there remain 13 member states that have yet to transpose the Directive into national law. Multi-national organizations tasked with developing a harmonized approach to whistleblower reporting across the EU must do so with an incomplete picture of the legislative landscape.
But as we move into 2023, there is hope that this picture will be filled in. The majority of the 13 member states yet to transpose have published draft bills that are at various stages of the legislative process. The proposed bills provide a look at how these nations may codify the Directive’s minimum standards. While the timelines of the enactments may differ among these nations, perhaps there exists some shared urgency as a result of...
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