On 4 May 2023 the Bulgarian Act on the protection of persons who report or make public information on breaches (Закон за защита на лицата, подаващи сигнали или публично оповестяващи информация за нарушения, "Whistleblower Protection Act" or "WPA")1 adopted earlier this year enters into force, giving effect to the provisions of Directive (EU) 2019/19372 and imposing a number of obligations on employers in both the public and private sector.
Purpose and scope
The WPA is aimed at ensuring the protection of persons who report or make public information on breaches of Bulgarian or EU law that they have become aware of by virtue of their employment or otherwise in connection with work (commonly referred to as "whistleblowers"). Eligible for protection under the act are:
- current or former employees;
- self-employed persons;
- volunteers, interns/trainees;
- contractors;
- shareholders, members of management or supervisory bodies;
- job candidates, etc.;
- as well as persons who have aided whistleblowers with reporting and other categories of related natural/legal persons.
While the WPA provides that proceedings are not initiated with respect to anonymous reports, persons who anonymously report or disclose information on breaches but are subsequently identified and subjected to retaliation may nevertheless be eligible for protection.
Protection under the act is offered to persons reporting or disclosing information on a wide range of breaches, including those related to AML/CFT, public...
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