The French implementation of the EU Whistleblower Directive takes effect on 1 September 2022 and changes the way whistleblowers are protected.
On 1 September, the French law implementing the European Whistleblower Directive enters into force. The main changes introduced are set out below.
The main changes
The definition of a ‘whistleblower’ is revised: the whistleblower will now have to act ‘without direct financial consideration and in good faith’ rather than ‘disinterestedly and in good faith’ as previously. Good faith remains a condition, but the notion of ‘disinterestedness’ will be replaced by a stipulation that the whistleblower must not have a financial interest in making a report.
The requirement for ‘personal knowledge’ of the facts reported is partially abandoned. Instead, under the new rule ‘when the information was not obtained in the course of professional activities, the whistleblower must have had personal knowledge of it.’
Protection for whistleblowers will extend to their entourage. The law now protects not only the whistleblower, but also ‘facilitators’, that is, any individual or entity formed under private non-profit law that helped the whistleblower report and disclose information relating to the facts in question (associations, trade unions, etc.).
The categories of individuals who can make an internal whistleblowing report is extended to include former members of staff (when the information reported was obtained in the course of their employment),...
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