Source: brouxelrabia.lu
A new law to transpose the EU Directive on whistleblowing has been adopted in Luxembourg.
The new legislation – ‘Loi du 16 mai 2023 portant transposition de la directive (UE) 2019/1937 du Parlement européen et du Conseil du 23 octobre 2019 sur la protection des personnes qui signalent des violations du droit de l’Union’ – goes beyond the minimum scope of the Directive. The broad definition of whistleblower under the law covers civil servants, shareholders, subcontractors, individuals in employment negotiation, and anonymous whistleblowers whose identities have been revealed. The basis for disclosure is any reasonable suspicion of actual or potential violations, establishing a legal framework for enabling reporting.
There are specific protections against retaliation, prohibiting threats and retaliatory actions such as contract suspension, layoff, dismissal, non-renewal, or early termination of fixed-term contracts. The law also encourages whistleblowers to first report via internal or external channels rather than public disclosure.
Luxembourg will create an Office for the Whistleblowers with specific powers to support whistleblowers.
Dimitrous Kafteranis, Assistant Professor of Law at the CFCI, Coventry University in the UK said:
“Following Luxleaks, Luxembourg adopts a law on the protection of whistleblowers which goes beyond the minimum standards of the Directive. The adoption of an Office for Whisteblowers is an important innovation which will enable whistleblowers to be better informed and supported.”
The law is likely to enter into force on 21 May 2023.