An Overview of EU Moves to Beef Up Whistleblower Protection Across All Member States

LUXEMBOURG – 18 May, 2018  Even as the CEO of Barclay’s Bank has managed to keep his job after trying to root out the source of a disclosure , the European Commission has proposed stronger laws to provide protection for whistleblowers reporting wrongdoing.People who expose fraud, tax evasion, data breaches and corruption will be sheltered under a number of provisions that try to extend protection across the 28-country bloc where there are varying degrees of cover for whistleblowers.

The Commission acted after criticism from transparency groups and activists who said there wasn’t enough protection for people reporting wrongdoing and who feared reprisals including losing their jobs.

Two former accounting firm employees were prosecuted in 2016 for leaking data about Luxembourg’s tax deals with large corporations although one conviction was overturned by the country’s highest court.

Russian whistleblower Maria Efimova, a key source for murdered journalist Daphne Caruana Galizia, who was probing a Malta banking scandal said to reach into the Prime Minister’s office, will face an extradition hearing before the highest court in Greece, where she turned herself in to the police after fleeing to Cyprus in fear for her life.

The court is scheduled to decide on June 14 whether to accept a demand from Malta she be served with a European Union arrest warrant to face charges in that case for allegedly providing false evidence, making false accusations to authorities, and appropriation of funds.
The EU proposals require companies to set up internal channels for whistleblowers and also shield them from reprisals such as sackings, demotion and even suits and there are also safeguards against malicious or abusive reports, Reuters reported.

The proposal will have to be negotiated between the European Parliament and European Council, comprised of the heads of state, before being adopted.

Among the key elements are:

• Companies with more than 50 staff or an annual turnover of more than €10 million ($12.2 million) must set up an internal procedure to handle whistleblowers’ reports

• State, local and regional administrations and councils with more than 10,000 people will also have to comply
  A three-tier reporting system ensuring confidentiality, consisting of internal reporting channels, a way to report to authorities and or the public or media.

• All forms of retaliation are to be banned. In case of a breach, whistleblowers should have access to free advice and “adequate remedies.” These could include measures to prevent harassment and being fired

• The burden of proof is to be reversed — the organization must prove that they are not acting “in retaliation against the whistleblower”

To learn more about where there are gaps in European countries’ protections in law for whistleblowers, read Blueprint for Free Speech’s report series here.