Blueprint’s Free Library of Laws Impacting on Whistleblowing Protection

This library of legislation provides many of the laws that affect whether and how whistleblowers can seek legal protection in different countries. Some countries have stand-alone whistleblower protection laws, others may offer some protections via different legislation, such as employment law.

Select a country below to view laws that impact on whistleblower protection

 

EUROPE (EUROPEAN UNION)

 
 
 
 
 
 
 
 

EUROPE (COUNTRY SPECIFIC)

 

+ Austria

§ 99 BWG

  • Regulates disclosures within the banking sector, in line with relevant EU Directives
  • Requires financial institutes to set up internal whistleblowing systems
  • Requires employees to report irregularities

Richter- und Staatsanwaltschaftsdienstgesetz / Law for members of the judiciary

Beamtendienstrechtsgesetz / Civil Servants Law & Richter

 

+ Cyprus

Criminal Law criminalizes non-reporting of wrongdoing

Public Service Law

  • Requires employees to report wrongdoing
  • Criminalizes retaliation

Termination of Employment Law

  • Potentially shields employees from reporting felonies
  • Employees have to make sure to comply with company regulations
 

+ Finland

Employments Contract Act

  • Protects against unfair dismissal
  • Similar provisions to be found in the Loal Officials Act (not available online)

Non-Discrimination Act

  • Prohibits discrimination and harassment
 
 
 
 
 

+ Czechia

Labour Code

  • Includes regulation on unfair dismissal for all employees

Administrative Procedure Code

  • allows employees to submit reports confidentially and anonymously;
  • lacks protective measures
 

+ France

Loi Sapin II (2016)

  • Since the law has been introduced quite recently, it is currently taking effect. There are no known reforms or amendments in planning.
 
 
 

+ Bulgaria

Criminal Procedures Code:

  • Requires citizens to report criminal acts
  • Doesn’t regulate protection for reporting persons

Administrative Procedure Code:

  • Contains provisions for public sector employees to report abuse of power, corruption, mismanagement of public property, and other illegal or inappropriate acts that affect state or public interests
  • Doesn’t explicitly regulate protection for reporting persons

Conflict of Interest Prevention and Ascertainment Act

  • Regulates the disclosure of information about conflicts of interests
  • Doesn’t explicitly regulate protection for reporting persons
 

+ Denmark

Public Administration Act

  • Includes a clause obliging to maintain secrecy

Criminal Code:

  • Allows employees to report misconduct
  • Doesn’t include protective measures

Employers' and Salaried Employees' Act

  • Includes framework for compensation in cases of arbitrary dismissal
 
 
 

+ Poland

Kodeks postępowania karnego /Criminal Procedure Code

  • defines it as a civic duty to report offenses à lex imperfect
  • indirectly defines whistleblowing as moral duty
  • but: no protective measures foreseen

Labour Code

  • provides protection against unfair dismissal à workers eligible to compensation
  • from Article 101 § 2.4 it can be derived that the failure to report illegal activities within a work environment constitutes the failure to comply with contractual duties

Criminal Code

  • includes general penalties for unfair dismissal, discrimination and harassment
 
 

+ Estonia

Anti-Corruption Act

  • bans public officials from concealing corrupt acts
  • grants them confidentiality and retaliation protection
  • can be applied outside of public sector

Penal Code

  • false complaints are punishable

Witness Protection Act protects witnesses before, during and after court proceedings

 

+ Greece

Law 4254/2014

  • In 2014, legislation was introduced to protect Civil Servants
  • Private Sector employees have to derive protection from labour law
  • Very limited, uncomprehensive legislation
 

+ Luxembourg

Loi du 13 février 2011 renforçant les moyens de lutte contre la corruption (“Law on Strengthening the Means to Fight Corruption”)

Introduced as modifications to

  • Labour Code
  • Public Service Law
  • Communal Service Law
  • Criminal procedures code
  • Criminal Code

Law mainly aimed at combating corruption; includes provisions how to deal with disclosures of illegal acts

 

+ Portugal

Labour Law:

  • Protects against unfair dismissal
  • Employees cannot be retaliated against if reporting crimes but no mechanism to ensure

Law 19/2008 (amended by Law 30/2015) (no link available)

  • Ensure compliance with EU & GRECO recommendations in the fight against corruption
  • Theoretically criminalizes retaliation against employees reporting corruption• Extended to private sector by 2015 amendment
  • No mechanism to ensure implementation• Requires companies to have some kind of mechanism in place
  • Oversight: Public Prosecutor’s Office• Criminal sanctions for retaliation against or disclosure of personal information of employee reporting corruption
 

+ Spain

Ley Orgánica 19/1994, de 23 de diciembre, de protección a testigos y peritos en causas criminales /Witness Protection Law

  • protects witnesses in criminal proceedings; no special clause for whistleblowers