Source: whistleblowingnetwork.org
New analysis from Transparency International has found that most EU countries, including The Netherlands, do not conform to the minimum requirements of the EU Directive.
The new Report – ‘How well do EU countries protect whistleblowers: Assessing the transposition of the EU Whistleblower Protection Directive’ scrutinises the new whistleblower protection laws adopted in 20 EU member states against the minimum requirements of the Directive and international best practice principles, finding that 19 of the 20 reviewed countries do not comply with EU requirements in at least one of four key areas. These include the rights of whistleblowers to report information directly to the authorities, access remedies and full compensation for damage suffered, obtain free and easily accessible advice, and ensuring proper penalties for those violating the protection provisions.
The report highlights positive and negative elements of the new wave transposition laws, in The Netherlands highlighting that whilst the legislation does provide support to whistleblowers through the Dutch Whistleblowers’ Authority the Government is working on the establishment of a fund for free legal and psychological support for whistleblowers, some provisions regulating penalties for retaliating against a whistleblower still need to be elaborated and have delayed entry into force. Further, there have been concerns for the law’s material scope – which only considers reports which are not regarding a breach of EU law whistleblowing if it is a matter of public interest – a criterion that Transparency International Netherlands have said has been applied too rigidly – leaving whistleblowers without protection unjustly.
The EU Commission is currently developing a conformity assessment by which it will benchmark Member States compliance with the Directive, passed in 2019.
The full report can be read here.