Recital 1
Directive on the protection of persons who report breaches of Union law · UE 2019/1937
| (1) | Persons who work for a public or private organisation or are in contact with such an organisation in the context of their work-related activities are often the first to know about threats or harm to the public interest which arise in that context. By reporting breaches of Union law that are harmful to the public interest, such persons act as ‘whistleblowers’ and thereby play a key role in exposing and preventing such breaches and in safeguarding the welfare of society. However, potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation. In this context, the importance of providing balanced and effective whistleblower protection is increasingly acknowledged at both Union and international level. |
In Luxembourg, the law of 16 May 2023 requires an internal channel from 50 employees (private and public, with no threshold for public bodies), designates the Office des rapports de signalement (OFRS) as the cross-sector external authority, and allows sector-specific reporting to the CSSF, CNPD, ITM, CAA or ILR. Criminal sanctions range from EUR 1,250 to 25,000 (doubled on recidivism), cumulative with civil compensation for the retaliated whistleblower.
Luxgap practice: we appoint a Luxgap external DPO as the impartial person under article 7 of the law, satisfying the independence requirement without creating a dedicated internal role.
