The legislation currently regulating whistleblower protection in Malta is the Protection of the Whistleblower Act, Chapter 527 of the Laws of Malta (the ''Act'') which came into force on the 15th September 2013. While the Whistleblowing Directive EU 2019/1937 (the "Directive") has not yet been transposed into Maltese law, Bill 249 of 2021, titled An Act to Amend the Protection of the Whistleblower Act (the "Amending Act"), published on the 15th November 2021 seeks to amend the Act in order to align it with the Directive. It is yet to be confirmed whether the Directive will be transposed by the set deadline of 17th December 2021, as the Act will come into force on the date or dates that the Minister for Justice and Governance will establish, by notice in the Government Gazette.
By virtue of the Amending Act, the definition of employee will be extended to include shareholders and persons belonging to the administrative, management, or supervisory body of an undertaking, including non-executive members, and paid or unpaid trainees.
The definition of improper practice, which is subject to be disclosed or reported, will also be broadened by the coming into force of the Amending Act. There is an array of actions or series of actions which would constitute an improper practice, in areas such as public procurement, financial services, products and markets, and prevention of money laundering and terrorist financing, consumer protection, protection of privacy and personal data among...
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