The Grand Duchy of Luxembourg has just tabled a bill aimed at transposing the European Directive on whistleblowers. Even if the bill has to go through the entire legislative process, and will most certainly see its text modified, employers are invited to begin an internal reflection of the implementation of their future obligations.

Here is a general presentation of the bill (hereafter the Bill). An updated newsletter will be sent to you as soon as the Bill has been voted on in its final version.

Whistleblowers who, in the course of their professional activities, report or disclose specific infringements will soon benefit from an extended and strengthened protection regime. Unlike the Directive, the Bill covers breaches of all national law (including, therefore, labour law) and not just the financial services, the prevention of money laundering and terrorist financing, the protection of privacy and personal data, and the security of networks and information systems.

Protection provided by reporting channels and legal remedies for whistleblowers

In order to ensure the protection of whistleblowers, two main courses of action are envisaged:

• The establishment of internal and external reporting channels and, in some cases, the possibility of public disclosure; and
• The introduction of legal protection for whistleblowers and their relatives, which includes the establishment of legal remedies in the event of reprisals (such as dismissal, non-renewal of a fixed-term contract,...

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