On 23 October 2019, the EU Legislature adopted the Whistleblowing Directive with the aim to afford a specific protection to persons who report breaches of EU law that are harmful to the public interest1. According to the EU Legislature, whistleblowers play a key role in exposing and preventing breaches of EU law and in safeguarding the welfare of society. The Whistleblowing Directive seeks to introduce effective, confidential, and secure reporting channels and to ensure that whistleblowers are effectively protected against retaliation. By 17 December 2021, Member States should have adopted measures to comply with the Whistleblowing Directive.
By the same deadline, i.e., 17 December 2021, private companies with more than 250 employees should have established their internal channels and procedures in compliance with the Whistleblowing Directive and the applicable national law. By 17 December 2023, private companies with 50 to 249 workers should establish their internal channels to enable whistleblowing.
To date, many Member States, including Belgium, have not yet adopted the necessary provisions to transpose the Whistleblowing Directive into national law. Therefore, companies cannot be criticized for not (yet) having implemented the obligations enshrined in the Whistleblowing Directive. However, they will need to comply with these obligations at the time of the entry into force of the national transposition measures.
In Belgium, the Legislature is willing to adopt separate...
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