On 22 December 2022, Law No. 361/2022 on the protection of whistleblowers in the public interest entered into force in Romania. This act transposes Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of EU law.
The new whistleblowing law, first whistleblowing framework law in Romania applicable to both private and public sector, was adopted following an intensively scrutinised enactment process with the draft law subject to numerous amendments, comments and significant debates. The law establishes protection measures for persons working in public authorities and institutions, other public legal entities private legal entities, who report (verbally or in writing) irregularities or unlawful acts of which they became aware. The act is intended to be an instrument to encourage reporting and, consequently, the discovery and sanctioning of unlawful acts, as well as to protect those persons against possible negative professional or personal consequences by granting them the status of "whistleblower in the public interest".
Who can be named a whistleblower
A whistleblower can be any natural person who is a worker, self-employed person, shareholder or a person who is part of the administrative, management or supervisory body of a company, volunteers and trainees, or any person working under the supervision and management of the natural or legal person with whom a contract has been concluded....
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