How to comply with article 24 of Whistleblowing?

Question

I need to bring my Luxembourg organisation into compliance with article 24 of Whistleblowing (UE 2019/1937). What are the concrete requirements, the sanctions, and how can Luxgap support me?

Accepted Answer

The classic trapArticle 24 voids any clause that attempts to neutralise whistleblower protection. The classic trap: employment contracts, internal rules, ethics charters and above all settlement agreements on departure (confidentiality clauses, NDAs, arbitration clauses, general waivers of all remedies) contain wording that, in practice, prohibits or discourages reporting. In Luxembourg, the Office des rapports de signalement (OFRS) and the ITM treat such clauses as unenforceable, and their presence can be held as evidence of retaliation or obstruction of reporting. A settlement signed with a departing employee therefore never extinguishes the right to report.The high-risk clauses to purge from your contracts and agreementsGeneral confidentiality clauses (NDAs, trade secrets) that do not expressly reserve the protected right to report.Pre-dispute arbitration agreements forcing arbitration before any remedy, expressly targeted by Article 24.Non-disparagement and global waiver clauses in termination settlement protocols.Ethics charters or codes of conduct mandating internal only hierarchical reporting, closing the external route to the OFRS, CSSF, CNPD or ITM.HR policies conditioning the retention of benefits (bonus, indemnities) on silence about facts within the scope of the directive.Penalty clauses financially sanctioning any disclosure, without an exception for protected reporting.How Luxgap automates this riskOur Luxgap Waiver Clause Auditor makes it impossible for an unlawful waiver clause to survive in your contractual documents. A specialised AI agent continuously reads your employment contracts, settlement protocols, NDAs, charters and internal rules stored in Odoo, M365 SharePoint, Sage BOB 50 or your document vault, and detects every wording that limits or neutralises Article 24 rights, in 30 seconds per document.Automatically scans each new contract or amendment as soon as it is uploaded into SharePoint, Odoo or your DMS, without HR intervention.Detects pre-dispute arbitration, general confidentiality and global waiver clauses incompatible with the directive and the law of 16 May 2023.Generates the ready-to-insert safeguard clause (whistleblower carve-out) that explicitly preserves the right to report to the OFRS, CSSF, CNPD or ITM.Classifies the risk level of each document (compliant, to be corrected, unenforceable) and proposes the appropriate rewording.Alerts the legal team via Teams as soon as a settlement protocol contains a waiver likely to be reclassified as retaliation.Produces a timestamped PDF report, enforceable before the OFRS and ITM during an inspection, demonstrating that your agreements respect the prohibition of waiver.Available as a complement to a Luxgap DPO or CISO mandate or as a dedicated SaaS module depending on your scope. Request a tailored quote and our teams will prepare a demonstration on your real contracts, with a free blank audit within 48h to measure your exposure before any engagement.

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