Today, the Senate approved the Whistleblower Protection Act (Wet bescherming klokkenluiders) (Wbk). This law replaces the Whistleblowers Authority Act (Wet Huis voor klokkenluiders) (Wet HvK) and has important consequences for employers. In this article, we provide an overview of the most important changes.
Background
The Wet HvK has been in effect in the Netherlands since 1 July 2016. Under this law, employers with more than 50 employees, must have an internal reporting procedure in place to allow any suspected misconduct to be reported. In this respect, anyone who reports such suspicions may receive protection against detriment. In order to improve the protection of whistleblowers and having regard to the fact that the protection of whistleblowers varies greatly amongst the EU member states, on 23 October 2019 the European Directive on the protection of persons who report breaches of Union law, was introduced (the Directive).
In relation to the implementation of the Directive into Dutch law, a bill (the Bill) was submitted to the House of Representatives on 1 June 2021. After much criticism, the initial Bill was amended on several occasions through a "Memorandum of Amendment’. On 20 December 2022, the House of Representatives adopted the Bill, including a number of amendments, and today the Senate adopted the Wbk.
Important changes
The Wbk leads to several important changes compared to the Wet HvK that further strengthen the position of a whistleblower. We have listed...
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