Lithuania

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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 Directive was implemented into national law in February 2022 via changes to the Law on Protection of Whistleblowers of the Republic of Lithuania (the Law) and changes to the Resolution of the Government No 1133 of On the Implementation of the Law on the Protection of Whistleblowers (the Resolution).

Status

Legislation passed/ Directive implemented.

Reporting topics covered (in addition to those covered by the Directive)

In addition to the cases covered by the Directive, information on infringements may be provided with regards to:

1. impediment to or unlawful interference with investigations by law enforcement bodies or the administration of justice by courts;
2. unlawfully acquired assets;
3. concealing the consequences of the committed violation, preventing the determination of the extent of the consequences;
4. other violations as the Law provides for non-exhaustive list of the violations which can be reported.

Categories of person who may report (in addition to those specified in the Directive)

Basically the same as those in the Directive.

Are there any stipulations as to who may investigate a report?

Investigation should be performed by a competent body. The competent body shall be appointed by the head of the entity. The competent body should be person(s) whose reputation and qualifications do not raise doubts about his/her ability to properly implement the duties of the competent body.

Are entities with fewer than 50 workers exempt?

Generally entities with fewer than 50 employees are not required to establish an internal whistleblowing channel.

However, the requirement for at least 50 employees does not apply and all entities must form the internal whistleblowing channel if they operate in the field of financial services and capital markets, banking, credit, investment, insurance and re-insurance, occupational or personal pensions products, securities, investment funds, payment services, activities related to the prevention of money laundering and terrorism, transport safety, protection of the environment.

If an exempt organisation implements a whistleblowing scheme will the Directive / implementing law apply?

Are there any specific timescales that apply (e.g. for acknowledgements and responses) (Yes/No)?

Yes.

Can reports be made anonymously?

Personal information of the reporting person is required to be disclosed to the competent body when providing information. However, anonymous reporting is allowed.

Are private sector entities required to accept and follow up on anonymous reports?

The laws do not provide an option to disregard reports solely on the ground that they are made anonymously. In our view, anonymous reports should also be investigated to the extent that it is possible.

Remedies for retaliation

The Law provides for the following measures:

1. Ensuring secure channels for reporting violations;
2. Ensuring confidentiality;
3. Prohibition of negative influence (i.e. any form of retaliation);
4. The right to be compensated for valuable information;
5. Ensuring free legal aid;
6. Exemption from liability;
7. The right to full, impartial information and free advice on whistleblowing procedures and remedies.

Are group-wide reporting channels permitted?

Group-wide reporting channels are not expressly permitted. However, based on the complex analysis of laws it can be interpreted that it is allowed. In any case group-wide reporting channels shall comply with local rules regulating whistle-blowers’ protection.

Under the Resolution units of a legal entity with 250 or more employees each must have a separate internal channel and cannot share it with other departments of the legal entity.