From that day employees and other persons will be able to make external reports to public authorities. The authorities will carry out appropriate procedures (e.g. inspections). Employers will have to provide protection to “external” whistleblowers.

A whistleblower is not obliged to make an internal report first – he or she will be able to report a violation of law directly to the public authorities.

If the whistleblower is unable to decide which authority should receive a report, it can be forwarded to the Ombudsman. The Ombudsman will handle the case, review it, and hand it over to the competent authority.

Persons who make an external report in good faith will be whistleblowers. ”Good faith” should be understood only as justified belief that the report is true and concerns a breach of law. The motivation of the whistleblower is irrelevant. At his/her request he/she will receive a certificate of protection from the Ombudsman or a public authority.

Employers who find out about an external report are obliged to protect the whistleblower. No retaliation caused by the report can be used against the whistleblower. It is also forbidden to “penalise” the whistleblower for making an external rather than an internal report.

The way to limit the number of external reports is the implementation of internal reporting system. If employees (and other persons) know that they can report their suspicions inside the organisation, they may decide against reporting such information “externally”. The reporting system must be comprehensive, provide protection, and be based on trust between the management and personnel.
 

Find more in the PRO HR December 2024.