Explained: The EU Whistleblower Protection Directive

The EU Whistleblower Protection Directive (the Whistleblower Directive) was established in 2019. Its purpose is to enhance the enforcement of Union law and policies in specific areas by laying down common minimum standards providing for a high level of protection of persons reporting breaches of Union law. The Whistleblower Directive is applicable to reporting persons working in the private or public sector who acquired information on breaches in a work-related context.

The minimum standards introduced by the Whistleblower Directive include the obligation to establish internal and external reporting channels, the obligation to protect the confidentiality of the identity of the reporting person, and a prohibition of retaliation against reporting persons (which includes suspension, coercion and discrimination).

The Whistleblower Directive also requires Member States to provide for effective, proportionate and dissuasive penalties applicable to natural or legal persons that (1) hinder or attempt to hinder reporting, (2) retaliate against reporting persons, (3) bring vexatious proceedings against reporting persons, or (4) breach the duty of maintaining the confidentiality of the identity of reporting persons.