Written by Anne-Laure Périès, Capstan Avocats
What are the consequences for employers of the strengthening of whistleblower protection by the law and decree implementing the EU whistleblowing directive in France?
An expanded definition of a whistleblower
A March 2022 law, supplemented by an October 2022 decree, has reinforced the statutory protection of whistleblowers in France. By transposing the European Union whistleblowing directive, the legislator aimed to integrate whistleblowers into the social responsibility of employers.
The whistleblower is now defined as: ‘a natural person who reports or discloses, without direct financial compensation and in good faith, information relating to a crime, an offense, a threat or a prejudice to the general interest, a violation or an attempt to conceal a violation of an international commitment ratified or approved by France, a unilateral act of an international organisation taken on the basis of such a commitment, European Union law, or other law or regulation.’
This definition expands the types of facts that may give rise to a whistleblowing report; the whistleblower may report facts that he or she has not personally observed, if they have been brought to his or her attention in a professional context.
Only the following are automatically excluded from the scope of a whistleblowing report:
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