The Finnish Act implementing the Whistleblower Protection Directive will not enter into force by 17 December 2021, as required. Our experts have taken a look at the expected timeline and the effects of the delay.
As anticipated, the Finnish Act implementing the Whistleblower Protection Directive (Directive (EU) 2019/1937) will not enter into force by 17 December 2021 as required, partly due to the extensive feedback received on the draft Government Bill. According to a press release issued on 8 December 2021 by the Finnish Ministry of Justice, the Government Bill is scheduled to be presented to the Finnish Parliament in late February 2022. At the moment, it is difficult to estimate when the national legislation will eventually enter into force.
In its press release, the Ministry of Justice outlined that (i) whistleblowers cannot be protected under national WB law until the Act implementing the WB Directive enters into force; and (ii) for this reason, it is not practical to establish reporting channels before the legislation enters into force.
The Ministry of Justice has not commented on the WB Directive’s direct effect. Thus, in accordance with the doctrine of legitimate expectations, Finnish companies must be able to rely on the Ministry of Justice’s instructions relating to reporting channels. Hence, companies should not face negative consequences for failing to establish reporting channels before the national implementation of the WB Directive.
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