The new draft of the Whistleblower Protection Act, dated 24 March 2022, falls short of the possible more extensive implementation as in France, for example. The law is expected to be passed in June and enter into force by the end of 2022.
In the first analysis of the draft, the lack of financial support for the whistleblower, the lacking or vague definition of the prerequisites for whistleblower status, the lack of protection for legal (non-profit) persons who could support the whistleblower and the lack of reversal of the burden of proof for supporters who have suffered reprisals are noticeable.
have suffered reprisals. Also, obligated parties do not have to set up anonymous reporting offices, which experience shows is essential for the protection of the whistleblower in the majority of whistleblower cases. In addition, it is up to the whistleblower to determine when and if he or she is liable or even punishable for obtaining and passing on information, and is not protected by not protected by the Whistleblower Protection Act. The red line becomes a legal problem and crossing the red line becomes a risk for the whistleblower.
Read the 5-page summary to find out what obligations and risks exist and how you can deal with them.
