Crowell & Moring LLP’s series of client alerts: Whistleblowing – A Guide to Compliance is intended to provide companies with a practical guide to help them comply with their obligations under the EU Whistleblower Directive. Via our client alerts, Crowell & Moring LLP will explain the different steps that companies need to take for compliance and emphasize various points for consideration.

Step #7: Understanding the scope of the protection for whistleblowers

1. Are all whistleblowers protected irrespective of the size of the company and/or the number of workers within the company?

Whistleblowers are defined as natural persons who report or publicly disclose information on breaches acquired in the context of their work-related activities. They qualify for protection under the EU Whistleblower Directive provided that:

• they had reasonable grounds to believe that the information on breaches reported was true at the time of reporting and that such information fell within the scope of the EU Whistleblower Directive; and
• they reported either internally, or externally, or made a public disclosure.

These are the only two conditions enumerated by the EU Whistleblower Directive with regards to whistleblower protection, and the Directive therefore provides for a general protection for the workers of all companies, in both the public and the private sector, irrespective of the size of the company and/or the number of workers within the company. Hence, for the private sector,...

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