This implementation tracker for The EU Whistleblower Directive contains information about the approach to implementation by all EU Member States. You can obtain information by using the tabs below the map. The tracker will be updated regularly.

Key

 Status
  Legislation passed / Directive implemented
  Implementation in progress
  Implementation close
  No steps taken to implement Directive

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Belgium

What stage has the legislature reached in implementing the Whistleblowing Directive? 

If not already implemented, when is it expected or planned that the required legislation will be passed?

The legislative process is currently in the very beginning.  A legislative proposal (available in French and Dutch) was introduced by a member of the Chamber of Representatives on 24 June 2020.  The legislative proposal is currently being discussed in the Chamber of Representatives, where it will then be approved or rejected after possible amendments.  In the event of approval by the Chamber, the legislative proposal will be ratified and promulgated by the King.  Finally, the Act will then enter into force 10 days after the day of its publication in the Belgian Official Gazette, unless the Act specifies a different date of entry into force.

As the legislative process has many variable aspects we are not able to predict the date for the Act's approval and effective date.

Czech Republic

What stage has the legislature reached in implementing the Whistleblowing Directive? 

If not already implemented, when is it expected or planned that the required legislation will be passed?

The legislative process is currently at the very beginning. The governmental bill (available in Czech here) was submitted to the Chamber of Deputies on 9 February 2021. It will now need to be discussed and approved by both Chambers of the Czech Parliament, signed by the president and published in a Collection of laws.

 

According to the bill, it shall become effective on 17 December 2021. However, we note that the legislative process has many variable aspects and, as such, we are not able to predict the date for its approval and effective date.

Denmark

What stage has the legislature reached in implementing the Whistleblowing Directive? 

If not already implemented, when is it expected or planned that the required legislation will be passed?

The first step towards an implementation has been taken in Denmark, as the government on 24 February introduced a bill on “Act on protection of whistleblowers”. The bill is in hearing with a deadline on 24 March 2021 and is following expected to be passed during the spring/early summer. The following is therefore currently proposed content from the bill:

The bill treats both private companies and public authorities together stating that ”Employers with 50 or more employees must establish an internal whistleblower system, through which employees can report violations covered by section 1”. As for the material scope, the bill proposes an extension of the Directive’s scope stating e.g. it is also possible to report “serious breaches and other serious circumstances” (e.g. breach of a confidentiality duty, misuse of financial funds, theft, fraud, embezzlement and bribery will fall within the scope).

A whistleblower system must be accessible for all employees and further the employer can decide (but this is not a requirement) to provide a whistleblower system which is available for others than the employer’s employees, e.g. suppliers and sub suppliers. The system must include the option to submit written or oral reports or both.

The employer must establish a so-called internal “whistleblower unit” by appointing an impartial person or department within the company. To fulfil the specific tasks in relation to any reporting, the employer may however, choose to outsource this externally by using a third-party provider either in whole or partly. In either case, it must be ensured that the unit is created so that independence and the absence of conflicts of interests are ensured, and a third party provider must therefore also provide a written guarantee that it fulfil the legal requirements in relation to independency, confidentiality, data protection etc.

Finally, the bill stipulates the overall requirement/conditions (deadlines, documentation etc.) to an established whistleblower scheme which follows the requirements in the Directive.

Separately, we note that Denmark has recently implemented a specific whistleblower scheme applicable to whistleblowing regarding abuses of COVID-19 aid and/or compensation schemes. For further information, please see here (in Danish).

Finland

What stage has the legislature reached in implementing the Whistleblowing Directive? 

If not already implemented, when is it expected or planned that the required legislation will be passed?

The Finnish Ministry of Justice set up a working group to evaluate, assess and implement the legal changes caused by the Whistleblowing Directive to the Finnish national legislation in February 2020. The working group’s term has been extended until 31 May 2021. The working group shall present the initial government proposal, including any necessary amendments to the national legislation and a proposal for the implementation timetable. This suggestion can be in line with the Directive (17 December 2021) or beforehand. In summary, the implementation process in Finland is still in early stages. The estimated week of presentation for the government’s proposal is week 34/2021, i.e. at the end of August.

There is no further information regarding (i) the content of the legislative amendments, or (ii) the exact implementation schedule.

France

What stage has the legislature reached in implementing the Whistleblowing Directive? 

If not already implemented, when is it expected or planned that the required legislation will be passed?

The legislative process is under way, but no transposition law has been adopted. The French legislator intends to implement the Directive while maintaining certain provisions of the existing Whistleblow er Protection law (Law of 9 December 2016). The first draft bill was proposed on 15 January 2020 (Proposal No. 2591), and a second bill was proposed on 21 January 2020 (Proposal No. 2600) aimed at effective protection for whistleblowers.
The French parliament issued a report on these two bills on 4 March 2020, but there is no date set for the implementation of the Directive.

The Plenary Assembly of the National Consultative Commission on Human Rights issued an opinion on September 24, 2020, on the transposition of the directive, published on October 4 in the French Official Journal. The commission’s response was positive on the modifications that will be made and a discussion is open, however no bill has been published at this stage.

In the context of the transposition of the Directive, the French Ministry of Justice has initiated a public consultation, open to any French citizen until 21 March 2021. All contributions will be anonymous.

For further information, please see here (in French).

Germany

What stage has the legislature reached in implementing the Whistleblowing Directive? 

If not already implemented, when is it expected or planned that the required legislation will be passed?

The Ministry is currently working on a draft bill. At present, however, there is still a dispute between the Federal Ministry of Justice and the Federal Ministry of Economics regarding the extent to which the Directive should be implemented. While the Federal Ministry of Economics demands a 1:1 implementation, the Federal Ministry of Justice is requesting a more extreme implementation (whereby whistleblowers will be protected regardless of whether they report violations of Union law or national law). 

Implementation of the Directive is expected by the end of the deadline (17 December 2021). Earlier implementation is not yet foreseeable.

Hungary

What stage has the legislature reached in implementing the Whistleblowing Directive? 

If not already implemented, when is it expected or planned that the required legislation will be passed?

To the best of our knowledge, no steps have yet been taken to implement the Directive. 

Further, we have no information on the timeline of the implementation.

Italy

What stage has the legislature reached in implementing the Whistleblowing Directive? 

If not already implemented, when is it expected or planned that the required legislation will be passed?

No steps have yet been taken to implement the Directive. We note that whilst Italy will have to amend its legislation, law no. 179/2017 already provides for a whistleblowing procedure pursuant to the recommendations of the EU Commission (e.g. a whistleblowing hotline and prohibition of reprisal). 

Further, we have no information on the timeline of the implementation.

Netherlands

What stage has the legislature reached in implementing the Whistleblowing Directive? 

If not already implemented, when is it expected or planned that the required legislation will be passed?

Draft legislation was filed for consultation in July 2020.  The consultation procedure will take place between 31 July - 10 September 2020.

It is unclear when the implementing legislation will be passed, but the government intends to do this prior to the deadline (17 December 2021). As the legislation has gone into consultation in accordance with the schedule, we expect that it will be passed within the deadline. 

Poland

What stage has the legislature reached in implementing the Whistleblowing Directive? 

If not already implemented, when is it expected or planned that the required legislation will be passed?

There is currently no project or legislation in relation to the implementation of the Directive - there was a project in 2019 but it was discontinued. 

Further, we have no information on the timeline of the implementation.

Spain

What stage has the legislature reached in implementing the Whistleblowing Directive? 

If not already implemented, when is it expected or planned that the required legislation will be passed?

The Coding General Commission of the Ministry of Justice recently announced that they are preparing draft legislation, which is expected to be approved by 2 December 2020.

The Directive is expected to be implemented during 2021, but no specific date has been set.

 

Sweden

What stage has the legislature reached in implementing the Whistleblowing Directive? 

If not already implemented, when is it expected or planned that the required legislation will be passed?

In Sweden, legislative protection is already in place - there is a statute against Whistleblowing, the Act (2016: 749) on Protection Against Reprisals for employees who report serious misconduct (Sw: Lag (2016:749) om särskilt skydd mot repressalier för arbetstagare som slår larm om allvarliga missförhållanden), generally known as the "Whistleblowing Act". 

However, to ensure compliance with certain aspects of the Directive, e.g. in relation to internal reporting systems and the list of those who benefit from protection, new legislation has been suggested to replace the existing Act. The government-appointed special investigating body submitted their legislative proposal on 29 June 2020, which suggests (among other things), that the rules should apply in all private and public organizations, and that authorities shall be appointed to establish external reporting channels.

The new act is proposed to enter into force on 1 December 2021. However, before legislation is passed by parliament (Sw: Riksdag), the report must be referred for consideration to the relevant bodies. A final proposal will then be drafted and submitted to parliament for decision.

UK

What stage has the legislature reached in implementing the Whistleblowing Directive? 

If not already implemented, when is it expected or planned that the required legislation will be passed?

As a result of the UK’s departure from the European Union, the UK government has confirmed that it does not propose to adopt the Directive into UK law. However, the EU has noted that the UK already has comprehensive legislation in place to protect whistleblowers, namely the Public Interest Disclosure Act 1998 ("PIDA").