Source: assemblee-nationale.fr
France Parliament has adopted new legislation – Proposition de loi visant à améliorer la protection des lanceurs d’alerte which reforms the existing law known as “Sapin II” to bring the whistleblower protection framework in line with the EU Directive on Whistleblowing adopted in late 2019. It is due to enter into force in March 2022.
The Bill was introduced into Parliament by Sylvain Waserman, former rapporteur on whistleblower protection to the Parliamentary Assembly of the Council of Europe. Despite some opposition in the French Senate, an agreement on the text was reached in January and the final version adopted today includes some provisions which go beyond the minimum standard requirements of the Directive.
Key features include:
- A wide material scope: Reporting harm to the public interest will be protected, even if not a breach of EU or national law.
- Protection of whistleblowing facilitators: including NGOS who assist reporting
- Immunities: including criminal and civil liability
- Support measures: including financial and psychological assistance and funding to cover legal fees
- Dissuasive Sanctions: personal liability for retaliation inc. hefty fines (60k) or imprisonment (3 years)