The draft Law on the protection of whistleblowers in public interest (the "Project") initiated to transpose the Whistleblowing Directive (EU Directive 1.937/2019) sets the general framework for the protection of persons who report violations of the law, which have occurred or are likely to occur within certain legal entities, while regulating issues such as the content of the reports or the procedure for their submission and management.

The provisions of this Project are not currently in force, but it is expected that they will be applicable soon, so there is the need for certain categories of legal entities to already initiate steps in this regard.

We present below some issues of the Project which are significant to the relevant private entities.

Entities that must set up internal reporting channels

The obligation to implement or identify internal reporting channels and to regulate the preparation and management of the reports through specific internal procedures is incumbent on

• entities that have at least 50 employees
• entities that have less than 50 employees and are included in the scope of the normative deeds listed in Annex 3 to the Project.

The obligation of private entities having between 50 and 249 employees to identify or establish internal reporting channels takes effect on December 17, 2023. For the rest of the entities, in the absence of a derogation period, these obligations come into force along with the law.

The public interest whistleblower

The...

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