Directive (EU) 2019/1937, which aims at unifying rules and minimal guarantees on the protection of persons who report breaches of Union law, is currently being implemented into Luxembourg law through the bill of law 7945 (the « Bill of Law »).
However, the Bill of Law has a wider scope than Directive 2019/1937, as it pertains to the report of breaches of Union and of Luxembourg laws (the “Breach”). It is also intended to complete specific pre-existing frameworks, which are already in place in i.a. the financial and insurance sectors.
In a business context, any person of any status (public or private sector employees, including those whose employment contract has not started or has ended, volunteers and trainees, subcontractors, suppliers, self-employed persons, shareholders and members of the administrative, management or supervisory body- the "Whistleblower") may report information about Breaches, including reasonable suspicions, of actual or potential Breaches, that have occurred or are very likely to occur in his/her business (the "Information").
To benefit from the protective regime provided for by the Bill of Law, the Whistleblower must (i) have reasonable grounds to believe that the Information is true at the time of reporting and (ii) have complied with the reporting procedures, as described in the Bill of Law.
First, reporting may be done internally where the Breach can be effectively remedied internally, and the Whistleblower believes there is no risk of...
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