Background

On 2 May 2023, the Luxembourg Parliament voted the law transposing Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report violations of Union law (hereinafter the "Whistleblower Law").

Protection granted to whistleblowers through dedicated reporting channels

• The purpose of the Whistleblower Law is to establish a comprehensive legal framework offering protection to persons who report or disclose illicit acts or omissions contravening Luxembourg national or EU law (hereinafter the "Reporting Persons").
• Reporting Persons are effectively protected against any form of retaliation by their employer and are provided with effective legal remedies.
• Reporting persons will not incur any liability for obtaining or accessing information that is reported or publicly disclosed.
• Protection is granted to Reporting Persons in both private and public sectors, including independent contractors, shareholders, executives, volunteers, interns, contractors, and suppliers. The protection also extends to facilitators and third parties linked to reporting persons and legal entities affiliated with Reporting Persons.

The obligation to implement dedicated reporting channels and procedures

• Private and public entities with 50 employees or more must establish dedicated written and oral reporting channels and procedures. These channels must ensure the confidentiality of the Reporting Persons and any mentioned third...

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