EU whistleblowing directive

Article

Responding to the mandatory EU Whistleblower Protection Directive

Whistleblower protection has become a hot topic that requires immediate attention in the wake of the COVID-19 pandemic and with the introduction of the new EU Whistleblower Directive.

Deloitte and Deloitte Legal have teamed up to provide clients with the necessary tools and (legal) structure to comply with the obligations imposed by the new EU directive. As a result the risk of financial and reputational damage when issues such as fraud, bribery and corruption, misconduct, harassment, bullying or other unethical behavior are left undetected, is significantly mitigated.

How can Deloitte and Deloitte Legal help?

The aim of our joint offering by Deloitte Legal and Deloitte Forensic Services is to help clients understand the new (legal) obligations for companies, assist in mitigating workplace-misconduct and set-up and strengthen whistleblower channels and procedures effectively. Our unique offering makes sure that clients have all the information, tools and structures necessary to comply with the new rules, without the necessity to contact different service providers (e.g. IT, Legal, GDPR, etc.), making our offering a one-stop shop for all questions regarding whistleblowing.

Context

The COVID-19 crisis has created economic uncertainty, prompted new stimulus programs, and even changed the nature of the workplace itself. These trends, along with renewed public scrutiny of corporate misconduct, have created fertile ground for fraud and whistleblowing.

Furthermore, the European Parliament and the Council released a new directive on the protection of persons who report breaches of Union law. This EU Whistleblower Protection Directive must be transposed into Belgian law by 17 December 2021 at the latest and will involve a significant number of new obligations for private companies with over 50 employees and all legal entities in the public sector, including any entity owned or controlled by such entities. 

What are the main takeaways?

The combination of the current situation and the approaching deadline of new legislation concerning whistleblowing creates potentially significant new risks and opportunities for compliance programs. Organizations will need to react quickly and confidently in case of crisis, investigation or dispute. Furthermore, the Directive emphasizes that the investigation should be conducted by a nominated, impartial person and should be only based on factual evidences.


Organizations often do not have the resources, the knowledge or the tools to be able to do so. We are therefore offering a wide range of services to help clients prepare and react in order to mitigate any potential risk of financial or reputational consequences.

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