On 18 February 2023, the Dutch House for Whistleblowers Act was amended into the Dutch Whistleblower Protection Act. Under the new Act, more types of employers than before must establish an internal reporting procedure for reporting a suspected wrongdoing. The Act also provides better protection for whistleblowers. In this newsletter, we explain which changes the Act contains, to whom these apply and as of when.
Adjusted scope of the obligation of an internal reporting procedure The obligation under the Act to have an internal reporting procedure in place applies to every employer who generally employs at least 50 employees. The scope of application of the Act with regard to employers affected by this obligation is amended in two ways. On the one hand, the Act restricts the definition of an employee by only referring to the regular employee and the person who performs work in a hierarchical relationship for remuneration. This means that self-employed workers and unpaid trainees and volunteers are no longer reckoned as 'employees'. On the other hand, more different types of employers must comply with the obligation to establish an internal reporting procedure, namely all organisations covered by the Dutch Prevention of Money Laundering and Terrorist Financing Act (Wet ter voorkoming van witwassen financieren van terrorisme, Wwft), and all organisations operating in the field of (i) financial services, products and markets, (ii) civil aviation, (iii) maritime labour and port...
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