The EU Whistleblowing Directive

What you need to know

The EU Whistleblowing Directive came into effect on 17 December. Under the Directive, businesses and government bodies operating in any EU country must set up an internal system to give whistleblowers confidentiality and provide access to an independent investigation.

The EU is focusing on whistleblowing due to its importance in revealing wrongdoing. It’s decided there’s a need for consistent, minimum standards for/of protection so there’s nothing stopping people coming forward. The Directive aims to create these standards across the EU and give whistleblowers protection in all Member States, fixing the inconsistent approaches taken by countries historically.

Who does the Directive apply to?

The Directive applies to all businesses with an operation in the EU. A key requirement is to introduce an internal reporting channel. Two implementation dates apply depending on workforce size:

  • Businesses and government bodies with 250 or more workers must be compliant as of 17 December 2021.
  • Businesses and government bodies with between 50 and 249 workers must be compliant by 17 December 2023.

If you have 250 or more workers, you should already be compliant.

What do you need to do?

Under the Directive, businesses and government bodies operating in any EU country must set up an internal whistleblowing system to give whistleblowers confidentiality and provide access to an independent investigation. There must be acknowledgement of a complaint within seven days and feedback on the claim must be provided within a reasonable timeframe, though no longer than three months.

Whistleblower confidentiality also needs to be maintained throughout investigations, with those who’ve come forward kept updated on progress and businesses must ensure there are no reprisals against them.

Our European whistleblowing service comprises of three parts to help you prepare, to protect your business, and to resolve any issues.

How we can help you

If you’re unsure of how to tackle the Directive requirements, we’re here to help. Our international whistleblowing service can help you ensure compliance and protect your business. Our presence in the UK and across the EU means we can smooth out some of the issues that come with addressing the Directive in multiple countries. We can also manage your internal reporting channel for you, reinforcing your independence.

Our service is formed of three parts to help you prepare, protect your business and resolve issues as swiftly as possible:

Prepare


Our team will help prepare your business for the required changes. We’ll guide you through what needs to be done and the best approach to take.

Protect


We’ll create a helpline which lets whistleblowers raise complaints with confidence and protects you from reputational issues. Our helpline guarantees whistleblower anonymity and is accessible 24/7 by internal, external and temporary workers. It can be tailored to your needs and to give you peace of mind we can manage this for you, reinforcing independence.

Resolve


Once a complaint has been made you need to investigate and resolve it as quickly as possible. We’ll work with you to resolve issues efficiently and work through any wider compliance issues that may arise from complaints, protecting your business from reputational and legal risk.


Our experience

We have a strong background in advising on compliance with whistleblowing regulation in Europe. Below you can find out how we can help, along with some examples of our recent work advising clients.


Our experience

We have a strong background in advising on compliance with whistleblowing regulation in Europe. Below you can find out how we can help, along with some examples of our recent work advising clients.

Set up your own whistleblowing channel

See case study

Investigate claims at your company

See case study

Roll out your whistleblowing service

See case study

Our extensive training

See case study

Set up your own whistleblowing channel

See case study

Investigate claims at your company

See case study

Roll out your whistleblowing service

See case study

Our extensive training

See case study

Our experts

Our experts

Helen Farr

Partner, London

h.farr@taylorwessing.com

+44 20 7300 7150

Markus Assoff

Partner, Paris

M.Asshoff@taylorwessing.com

+33 1 72 74 03 11

Bart Hunnekens

Partner, Netherlands

b.hunnekens@taylorwessing.com

+31 88 02 43 032

Wolfgang Kapek

Partner, Austria

w.kapek@taylorwessing.com

+43 1 71655 0

Jan-Patrick Vogel

Partner, Germany

J.Vogel@taylorwessing.com

+49 69 97130 0

Marie Michaud-Nérard

Partner, Belgium

m.michaud@taylorwessing.com

+32 2 3202 257


Hear more from our experts

Want to find out more?

To find out more about our whistleblowing solution please contact your usual Taylor Wessing advisor or email our Whistleblowing and Compliance Task Force under:

TWwhistleblowing@taylorwessing.com

Contact us

Challenge expectation, together

Austria

Klagenfurt | Vienna

Belgium

Brussels

China

Beijing | Hong Kong | Shanghai

Czech Republic

Brno | Prague

France

Paris

Germany

Berlin | Düsseldorf | Frankfurt | Hamburg | Munich

Hungary

Budapest

Netherlands

Amsterdam | Eindhoven

Poland

Warsaw

Republic of Ireland

Dublin

Slovakia

Bratislava

South Korea

Seoul*

UAE

Dubai

Ukraine

Kyiv

United Kingdom

Cambridge | Liverpool | London | London TechFocus

USA

New York | Silicon Valley

Taylor Wessing is a global law firm that serves the world’s most innovative people and businesses.

Deeply embedded within our sectors, we work closely together with our clients to crack complex problems, enabling ideas and aspirations to thrive.

Together we challenge expectation and create extraordinary results.

+

people

+

lawyers

+

partners

offices

jurisdictions

Our sectors

Technology, Media & Communications

Private Wealth

Real Estate, Infrastructure & Energy

Life Sciences & Healthcare

  • Aerospace & Defence
  • Business & Professional Services
  • Consumer & Retail
  • Hotels, Hospitality & Leisure
  • Manufacturing & Industrials
  • Automotive & Mobility
  • Chemicals
  • Financial Institutions & Insurance
  • Logistics & Transport
  • Public Services & Education

Our locations

Austria Klagenfurt | Vienna

Belgium Brussels

China Beijing | Hong Kong | Shanghai

Czech Republic Brno | Prague

France Paris

Germany Berlin | Düsseldorf | Frankfurt | Hamburg | Munich

Hungary Budapest

Netherlands Amsterdam | Eindhoven

Poland Warsaw

Republic of Ireland Dublin

Slovakia Bratislava

South Korea Seoul*

UAE Dubai

Ukraine Kyiv

United Kingdom Cambridge | Liverpool | London | London TechFocus

USA New York | Silicon Valley

*In association with DR & AJU LLC

©Taylor Wessing LLP 2022 | 2201-001952

Taylor Wessing statistics published are correct as of 1 September 2021.

This publication is not intended to constitute legal advice. Taylor Wessing entities operate under one brand but are legally distinct, either being or affiliated to a member of Taylor Wessing Verein. Taylor Wessing Verein does not itself provide legal or other services. Further information can be found on our regulatory page.