From a European perspective, one of the most significant recent developments in the whistleblowing landscape was the publication of the EU Whistleblowing Directiveopens in a new tab (the ‘Directive’) in 2019. This was prompted, at least in part, by strong public pressure on policymakers to improve protection for whistleblowers linked to high-profile whistleblowing reports2.
The Directive instructed each EU Member State to implement legislation requiring in-scope organisations to adopt minimum standards (based on best practices) in their whistleblowing processes, including around the:
- Establishment of accessible, confidential and secure whistleblowing reporting channels;
- Implementation of mechanisms to enable whistleblowing reports to be responded to and followed-up on a timely basis3;
- Provision of training around whistleblowing to relevant groups of individuals, such as employees; and
- Protection of whistleblowers4 from retaliation.
From December 2023 the Directive has applied to all private and public sector organisations5 with more than 50 employees, all regulated entities within the financial services sector and entities susceptible to money laundering or terrorist financing, regardless of their size.
Certain EU Member States have implemented more stringent legislation that goes beyond the minimum standards established by the Directive. For example, Sweden has extended whistleblowing protection to individuals who provide assistance to a whistleblower.
You may be wondering whether the Directive applies to UK organisations.
The answer is that as the UK is no longer an EU Member State there is no legal requirement for the UK to implement the Directive. However, the Directive remains relevant for UK organisations with operations in the EU and the minimum standards established by the Directive may be helpful to organisations seeking to implement an effective whistleblowing process as it is a useful reference point.