Luxgap coverage GDPR NIS 2 DORA AI Act Whistleblowing CSSF 22/806
Article 23

Penalties

Directive on the protection of persons who report breaches of Union law · UE 2019/1937

Penalties

1.   Member States shall provide for effective, proportionate and dissuasive penalties applicable to natural or legal persons that:

(a)

hinder or attempt to hinder reporting;

(b)

retaliate against persons referred to in Article 4;

(c)

bring vexatious proceedings against persons referred to in Article 4;

(d)

breach the duty of maintaining the confidentiality of the identity of reporting persons, as referred to in Article 16.

2.   Member States shall provide for effective, proportionate and dissuasive penalties applicable in respect of reporting persons where it is established that they knowingly reported or publicly disclosed false information. Member States shall also provide for measures for compensating damage resulting from such reporting or public disclosures in accordance with national law.