European Union: How Ready Is Your Organisation To Comply With The New EU Whistleblower Protection Law? A Checklist

Last Updated: 29 May 2019
Article by Karin Henriksson
Most Read Contributor in Sweden, August 2019

Are you unsure about whether your organisation will need to comply with the new EU Whistleblower Protection law ? And if so how? The short answer is that if your organisation employs 50 people or more it is required to comply. In this blog, we peel back the layers of the new law to get to the core obligations that will determine how much action you need to take to ensure your whistleblowing system shapes up. And for each obligation, we provide a checklist for you to asses how far you have to go to comply with the EU Whistleblower Protection law.

What is the EU Whistleblower Protection law?

The aim of the EU Whistleblower Protection law is to protect whistleblowers in the EU who report on misconduct that they become aware of through their workplace, and to encourage more people to do so. Staying silent is costly. A recent report from the European Commission shows that the potential benefits deriving from whistleblowers' protection is estimated to be between Euro 6 and Euro 7 billion each year, and these numbers apply only to public procurement. Whistleblowers can play a prominent role in detecting and disclosing corrupt, illegal, fraudulent, and harmful activities with great benefits at all levels of society.

Read through the checklist obligation to comply with the EU Whistleblower Protection law:

  • Do you already have a whistleblower system in place?

YES: You are off to a good start. Continue to the checklist against legal obligations below.
NO: Contact WhistleB to discuss the best whistleblowing system option for your needs.

  • Confidentiality of the identity of the whistleblower

The law says: The procedures for reporting and following-up of reports shall include channels for receiving the reports which are designed, set up and operated in a secure manner that ensures the confidentiality of the identity of the reporting person and any third party mentioned in the report, and prevents access to non-authorised staff members.

  1. Does your whistleblower system allow a whistleblower's identity to remain confidential?
  2. Can you open up the system to external parties such that it also protects their identities?
  3. Are identities protected all the way from reporting to archiving of cases?
  4. Is access to your case management system adequately secure, for example with multi-factor authentication for staff members?
  5. Is your system vulnerability and penetration tested by external parties?
  • Response times

The law says: The procedures for reporting and following-up of reports shall include an acknowledgment of receipt of the report to the reporting person within no more than seven days of that receipt.

  1. Does your whistleblower system automatically and immediately give a notification to the whistleblower confirming receipt, while maintaining anonymity of the whistleblower?
  2. Can the whistleblower team be notified immediately that a report has been received?
  3. Can your system scale up to take an increase in the number of reports if needed?
  4. Are you able to create standard response messages?
  5. Do you have a dedicated person/team to receive the reports?
  • Contact persons

The law says: The procedures for reporting and following-up of reports shall include the designation of an impartial person or department competent for following up on the reports (...) and which will maintain communication with and, where necessary, ask for further information from and provide feedback to the reporting person.

  1. Do you have competent resources in place for following up on reports in an appropriate manner?
  2. Does your system allow you to add the competences you need per case?
  3. Do you have a system and the skills and routines in place to handle investigations?
  4. Does your whistleblower channel allow you to add external experts securely into the case handling process?
  • Follow-up

The law says: The procedures for reporting and following-up of reports shall include diligent follow-up to the report by the designated person or department, diligent follow up where provided for in national law as regards anonymous reporting, and a reasonable timeframe to provide feedback to the reporting person about the follow-up to the report.

  1. Do you have a channel through which the whistleblower can add pictures, videos, text documents and other file formats, and that cleanses meta data?
  2. Does your whistleblower system include a case management tool that is integrated with the reporting channel?
  3. Does your whistleblower channel allow for a dialogue with either an anonymous or non-anonymous whistleblower?
  4. Does your system allow secure translation support for communication in multiple languages?
  • Communication and information

The law says: The procedures for reporting and following-up of reports shall include clear and easily accessible information regarding the conditions and procedures for reporting externally to competent authorities and, where relevant, to institutions, bodies, offices or agencies of the Union.

  1. Do you provide clear and easily available information to employees about how and where they can report concerns, including their options for external reporting?
  2. Is such information adapted for each country in which you operate?
  3. Is the information available automatically when people access your whistleblower system?
  4. Are your policy documents, Code of Conduct and related training materials updated to inform employees on behaviour, such as "retaliation", that would be in breach of the EU Whistleblower Protection Directive?
  • GDPR compliance

The law says: Any processing of personal data carried out pursuant to the Directive must comply with the GDPR

  1. Is your whistleblower system fully compliant with the GDPR in all EU countries in which you operate?
  2. Does your system automatically allow deletion of personal data when the case is closed?
  3. Do you inform potential users correctly about national differences in reporting?
  • Record-keeping

The law says: Authorities, private and public legal entities must keep records of every report received, in compliance with the confidentiality requirements provided for. Reports shall be stored for no longer than it is necessary and proportionate.

  1. Does your system keep a user and case log of each case?
  2. Does your system allow for deleting personal data in line with the GDPR?

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Events from this Firm
21 Aug 2019, Webinar, Stockholm, Sweden

EU:s direktiv kan ses som ett svar på en global mega-trend för främjande av transparens. Vilka krav ställer den nya lagen? Och vad är avgörande för en trovärdig hantering av visselblåsarärenden?

Similar Articles
Relevancy Powered by MondaqAI
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions