On 24 January 2023, the Senate adopted the Whistleblower Protection Act ('Wet bescherming klokkenluiders'). The Act amends the current whistleblowing legislation and implements EU Directive 2019/1973. The Act entered partially into force on 18 February 2023. The Act aims to give whistleblowers better protection against retaliation. The Act particularly affects organisations with 50 or more employees. Below you will find an overview of the main provisions and changes:

• The definition of 'misconduct' will be broadened. Whistleblowers will not only be protected in case of suspicions of misconduct, but also in case of reports on (a risk of) violation of European Union Law.
• Whistleblowers can directly report externally (outside their own organisation) to a competent authority. It is therefore no longer a requirement to report internally (within their own organisation) first.
• Public disclosure, e.g. through the press, will be possible under circumstances and the whistleblower could also enjoy protection.
• The scope of who qualifies as a protected whistleblowers has been broadened. Not only employees, but anyone who – in the work-related context – faces (suspected) misconduct or a violation of European Union Law. For example: volunteers, trainees, self-employed workers, job applicants, shareholders, third parties or advisers.
• The Act lists what constitutes a retaliation. For example: dismissal, demotion, harassment, bullying or transfer. The list is not limitative.
• The...

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