EU Whistleblower Directive: Implementation Tracker - Whistleblowing Laws in Europe: An international guide

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Information contained in this implementation tracker is produced using a variety of sources. The tracker is updated as soon as we become aware of changes and is accurate to the best of our knowledge at the time of publication.

Red = no current implementation action in progress
Amber = legislative implementation process in progress
Green = implementing legislation finalised

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Country

Traffic light status                      
Implementation summary Was transposition complete by 17 December 2021?

Austria
Red. The Federal Ministry of Labor has confirmed that work on transposition of the Directive is in progress and that it is currently planned for a draft law to be submitted to parliament at the beginning of 2022. No

Belgium

Amber. The Federal Department of Economy commissioned a legal study on the government’s obligations arising from the Directive (due January 2021) and the development of a draft bill to transpose the Directive (due April 2021). On 4 March 2020 and 9 January 2021 proposed resolutions were submitted (which remain under discussion) which request the Belgian federal government to transpose the EU Directive. A legislative proposal was submitted to the House of Representatives on 24 June 2020 by a party not represented in the current Belgian government. In the meantime a preliminary draft bill has been issued (but has not yet been published) and the National Labour Council has provided its advice on the preliminary draft bill. It is currently unclear when the preliminary draft bill will be published.   No
Czech Republic
Amber. A bill was submitted to Parliament on 9 February 2021 and had successfully passed through the first stages of the legislative process. However, this was not completed by the October 2021 parliamentary elections, and so far the legislative procedure has not been restarted. Meanwhile, based on the direct effect of the EU Directive for public institutions, the Ministry of Justice has issued a methodology for public institutions to serve as a compliance guide for the Directive. No

Denmark

Green. The Whistleblower Protection Act was passed on 24 June 2021 and implements the provisions of the Whistleblower Directive. Companies with 250 or more employees and public sector employers with 50 or more employees must establish a whistleblower scheme by 17 December 2021. . Yes

Finland

Amber A working group was set up in early 2020 to address implementation including considering e.g. (i) the need for a separate law on the protection of reporting persons; (ii) whether the national law should go beyond the minimum scope of the Directive; and (iii) to which authority external notifications would be made. A draft Government bill has been prepared and circulated for comments. The introduction of the draft bill has been postponed several times, but is currently expected to be finalized and presented to Parliament in week 8 (21 February 2022). No

France

Amber. The Ministry of Justice launched a public consultation in January 2021 which closed on 21 March 2021. On 21 July 2021 a new bill, submitted by the MoDem group, was presented to the Parliament. Government and Parliament have been called on by interested parties to support the Bill, but Parliamentary analysis and further debate are ongoing. On 20 October 2021, the National Assembly‘s Law Committee conducted examinations with lawyers, the European Council, whistleblowers and law professors. On 25 October 2021, the Government decided to use the accelerated procedure to pass the bill, so each chamber will analyse the bill only once. The bill was adopted by the National Assembly on 17 November 2021 and is now being examined by the Senate. It is anticipated that the final transposition law will be adopted in the first trimester of 2022. As the proposed law states that it will become enforceable 6 months after its adoption, this will give to companies a further 6 months to adapt their internal whistleblowing policies. No

Germany

Red. The Federal Ministry of Justice has prepared an initial draft of the Whistleblower Protection Act which it has shared with the other Federal Ministries. At present, however, the draft bill has been rejected for the time being. The new coalition government has included the transposition of the Directive in the coalition agreement, but no concrete date has been set. No

Hungary

Red. No information has been published by the Hungarian government regarding implementation. No

Ireland

Amber. The Directive has not yet been transposed into Irish law. The Irish government has published the general scheme of the Protected Disclosures (Amendment) Bill but the Bill is currently only in the pre-legislative scrutiny phase and once finalised will need to pass through a number of legislative stages in Ireland before it becomes law. However, the Bill is on the government's priority legislation list which was published in September 2021 and so it is likely to be transposed early in 2022. No

Italy

Red. According to information provided by the President of the Italian Anti-Corruption Authority (ANAC), a draft law has been prepared over the last year (2021) with the involvement of ANAC's representatives. The legal authority granted to the Government in April 2021 to prepare legislation implementing the Directive has expired. A new law to mandate the Government to transpose the Directive is being debated in the Senate. No

Luxembourg

Amber. On 10 January 2022, the Luxembourg Minister of Justice introduced bill of law n°7945 implementing the Directive. Bill 7945 was published on 12 January 2022. It is anticipated that implementation of the Bill will happen in the course of 2022. No
Netherlands
Amber. A public consultation was held on a draft bill during summer 2020 and a further draft was sent to the Council of State for advice in December 2020. On 1 June 2021, the Bill was submitted to the House of Representatives and to a procedural meeting of the Home Affairs Committee on 17 June 2021. On 4 October 2021 the Home Affairs Committee submitted a report on its findings to (the rest of) the Lower House. On 16 December, the government announced that the implementation deadline of 17 December 2021 would not be met. A few months delay is expected. For the time being, the intended date of entry into force for smaller employers (50-249 employees) remains 17 December 2023. No
Poland
Amber. Work is currently underway on a law to provide for the protection of whistleblowers. The bill was published in October 2021 for public consultation. On 15 December 2021, a government representative stated that in Q1 of 2022 a version will be presented to both the European Committee and the Standing Committee of the Council of Ministers. No
Portugal
Green. In January 2020, the Ministry of Justice announced that it was working to transpose the Directive and to implement anti-corruption legislation and strategies. In April 2021, the Council of Ministers approved the submission of a bill to the Assembly to transpose the Directive. There were proposals from different political parties also under discussion. . After the draft bill was approved at the Parliament and by the President, the new law was published on 20 December 2021. Law no. 93/2021 will come into force 180 days after its publication. No
Romania
Amber. The Ministry of Justice launched a draft bill for public debate on 5 March 2021. Two rounds of public debate were held and a second draft bill prepared and discussed in public debate. In late November 2021, a draft law for the transposition of the Directive begun the formal Parliamentary legislative process and is now registered with the Chamber of Deputies (the lower Chamber) for analysis and further debate. The parliamentary session is currently suspended and scheduled to resume in February 2022. No
Slovak Republic
Amber. On 3 November 2021, the legislative process to implement changes to the Whistleblower Act began and currently the interdepartmental comments procedure is pending (on 25 November 2021 the assessment of comments submitted during the interdepartmental comments procedure started). The aim of the proposed changes is to harmonize national law with EU legislation. The proposed changes will be incorporated into the existing Whistleblower Act, enhance and clarify several definitions, widen the application of the Whistleblower Act and introduce new obligations. The proposed changes are expected to enter into force on 1 May 2022. No
Spain
Amber.In June 2020, the Ministry of Justice created a working group to prepare a draft bill, but no bill has yet been published. In January 2021, the Ministry began a period of public consultation on implementation which has now ended. Since September 2021, the General Codification Commission have been working on a law proposal. Apparently a draft law is ready but not accessible yet.. No
Sweden
Green. A government commissioned inquiry on implementation of the Directive ran from May 2019 to June 2020 when it published its report and proposed legislation. Public consultation ended in November 2020. A proposed law was presented as a Government Bill which was passed by the Swedish Parliament on 29 September and entered into force on 17 December 2021. Entities with more than 250 employees are required to comply with the Act by 17 July 2022 and entities with 50-249 employees by 17 December 2023. Yes

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