Whistleblower Protection

The Law of 16 May 2023 transposing Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (the “Law”) aims to provide effective and balanced protection for whistleblowers. Under the Law, both private and public entities with 50 employees or more are required to set up internal whistleblowing procedures and channels.

In-scope entities must ensure the confidentiality of the reporting persons, any mentioned third parties and the reports themselves. An impartial person or group of persons must be appointed to monitor and diligently manage the reports. The person or persons appointed to carry out this role may be designated internally, or an external service provider may be appointed.

All forms of retaliation, including threats and attempted reprisals, are prohibited against persons who have carried out a reporting pursuant to the Law. 

Companies that do not yet have a whistleblowing system are therefore advised to start implementing one as soon as possible. Indeed, since December 2023, businesses that fail to comply with Law face severe fines.

The CMS Luxembourg team can support you with:

Implementing your internal channels

Thanks to our close partnership with a tech company offering a state-of-the-art solution, we can provide you with a solution tailored to your company's needs and size.

We can also help you review your existing channels and propose any necessary changes to comply with the requirements of the Law. 

Policies and contract review

We offer advice on the review/drafting of your HR and whistleblowing policies.

We are also assisting our clients with the review and negotiation of their contracts with whistleblowing solution service providers.

Acting as case managers

You can also appoint one of our specialists as a case manager for your internal channels.

GDPR compliance

As part of our services, we ensure that your whistleblowing process complies with the requirements of the data protection laws.

Awareness and trainings

We also offer training sessions and best practice presentations for your employees and case managers.

If you are looking for more information or help from our dedicated CMS Luxembourg team, please contact us.