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Whistleblowing · Summary

← All recitals Law overview →
  • 1. Persons who work for a public or private organisation or are in...
  • 2. At Union level, reports and public disclosures by whistleblowers are...
  • 3. In certain policy areas, breaches of Union law, regardless of whether...
  • 4. Whistleblower protection currently provided in the Union is...
  • 5. Common minimum standards ensuring that whistleblowers are protected...
  • 6. Whistleblower protection is necessary to enhance the enforcement of...
  • 7. In the area of financial services, the added value of whistleblower...
  • 8. As regards the safety of products placed on the internal market,...
  • 9. The importance of whistleblower protection in terms of preventing and...
  • 10. As regards the area of protection of the environment,...
  • 11. Enhancing whistleblower protection would also contribute to...
  • 12. The introduction of a whistleblower protection framework would also...
  • 13. The reporting of breaches by whistleblowers can be key to detecting...
  • 14. Respect for privacy and protection of personal data, which are...
  • 15. Furthermore, the protection of the financial interests of the Union,...
  • 16. Common minimum standards for the protection of whistleblowers should...
  • 17. Specifically, the protection of whistleblowers to enhance the...
  • 18. Breaches of corporate tax law and arrangements of which the purpose...
  • 19. Point (a) of Article 2(1) defines the material scope of this...
  • 20. Certain Union acts, in particular in the area of financial services,...
  • 21. This Directive should be without prejudice to the protection granted...
  • 22. Member States could decide to provide that reports concerning...
  • 23. This Directive should be without prejudice to the protection granted...
  • 24. National security remains the sole responsibility of each Member...
  • 25. This Directive should also be without prejudice to the protection of...
  • 26. This Directive should not affect the protection of confidentiality of...
  • 27. Members of professions other than lawyers and health care providers...
  • 28. While this Directive should provide, under certain conditions, for a...
  • 29. This Directive should not affect national rules on the exercise of...
  • 30. This Directive should not apply to cases in which persons who, having...
  • 31. Persons who report information about threats or harm to the public...
  • 32. To enjoy protection under this Directive, reporting persons should...
  • 33. Reporting persons normally feel more at ease reporting internally,...
  • 34. Without prejudice to existing obligations to provide for anonymous...
  • 35. This Directive should provide for protection to be granted in cases...
  • 36. Persons need specific legal protection where they acquire the...
  • 37. Effective enforcement of Union law requires that protection should be...
  • 38. Protection should, firstly, apply to persons having the status of...
  • 39. Protection should also extend to categories of natural persons, who,...
  • 40. Effective whistleblower protection implies protecting also categories...
  • 41. Protection should be provided against retaliatory measures taken not...
  • 42. Effective detection and prevention of serious harm to the public...
  • 43. Effective prevention of breaches of Union law requires that...
  • 44. There should be a close link between reporting and the adverse...
  • 45. Protection against retaliation as a means of safeguarding freedom of...
  • 46. Whistleblowers are, in particular, important sources for...
  • 47. For the effective detection and prevention of breaches of Union law,...
  • 48. For legal entities in the private sector, the obligation to establish...
  • 49. This Directive should be without prejudice to Member States being...
  • 50. The exemption of small and micro enterprises from the obligation to...
  • 51. It should be clear that, in the case of legal entities in the private...
  • 52. In order to ensure, in particular, that the public procurement rules...
  • 53. Provided the confidentiality of the identity of the reporting person...
  • 54. Third parties could also be authorised to receive reports of breaches...
  • 55. Internal reporting procedures should enable legal entities in the...
  • 56. The choice of the most appropriate persons or departments within a...
  • 57. In the context of internal reporting, informing, as far as legally...
  • 58. A reasonable timeframe for informing a reporting person should not...
  • 59. Persons who are considering reporting breaches of Union law should be...
  • 60. Effective detection and prevention of breaches of Union law require...
  • 61. It may be the case that internal channels do not exist or that they...
  • 62. In other cases, the use of internal channels cannot reasonably be...
  • 63. Lack of confidence in the effectiveness of reporting is one of the...
  • 64. It should be for the Member States to designate the authorities...
  • 65. As recipients of reports, the authorities designated as competent...
  • 66. Competent authorities should also give feedback to the reporting...
  • 67. Follow-up and feedback should take place within a reasonable...
  • 68. Union law in specific areas, such as market abuse, namely Regulation...
  • 69. The Commission, as well as some bodies, offices and agencies of the...
  • 70. To ensure the effectiveness of the procedures for following up on...
  • 71. Where provided for under Union or national law, the competent...
  • 72. In many policy areas falling within the material scope of this...
  • 73. In order to enable effective communication with staff members who are...
  • 74. Staff members of the competent authorities who are responsible for...
  • 75. Persons intending to report should be able to make an informed...
  • 76. Member States should ensure that competent authorities have in place...
  • 77. It is necessary that staff members of the competent authority who are...
  • 78. The regular review of the procedures of competent authorities and the...
  • 79. Persons making a public disclosure should qualify for protection in...
  • 80. Persons making a public disclosure directly should also qualify for...
  • 81. Persons making a public disclosure directly should also qualify for...
  • 82. Safeguarding the confidentiality of the identity of the reporting...
  • 83. Any processing of personal data carried out pursuant to this...
  • 84. The procedures provided for in this Directive and related to...
  • 85. The effective protection of the confidentiality of the identity of...
  • 86. Member States should ensure that there is adequate record-keeping as...
  • 87. Reporting persons should be protected against any form of...
  • 88. Where retaliation occurs undeterred and unpunished, it has a chilling...
  • 89. Potential whistleblowers who are not sure about how to report or...
  • 90. Competent authorities should provide reporting persons with the...
  • 91. It should not be possible to rely on individuals' legal or...
  • 92. Where reporting persons lawfully acquire or obtain access to the...
  • 93. Retaliation is likely to be presented as being justified on grounds...
  • 94. Beyond an explicit prohibition of retaliation provided in law, it is...
  • 95. While the types of legal action may vary between legal systems, they...
  • 96. Of particular importance for reporting persons are interim remedies...
  • 97. Action taken against reporting persons outside the work-related...
  • 98. Directive (EU) 2016/943 of the European Parliament and of the Council...
  • 99. A significant cost for reporting persons contesting retaliation...
  • 100. The rights of the person concerned should be protected in order to...
  • 101. Any person who suffers prejudice, whether directly or indirectly, as...
  • 102. Criminal, civil or administrative penalties are necessary to ensure...
  • 103. Any decision taken by authorities adversely affecting the rights...
  • 104. This Directive introduces minimum standards and it should be possible...
  • 105. In accordance with Article 26(2) TFEU, the internal market needs to...
  • 106. The material scope of this Directive is based on the identification...
  • 107. Where future legislative acts relevant to the policy areas covered by...
  • 108. Since the objective of this Directive, namely to strengthen...
  • 109. This Directive respects fundamental rights and the principles...
  • 110. The European Data Protection Supervisor was consulted in accordance...
Laws  ›  Whistleblowing  ›  Recital 110
Official EUR-Lex source ↗
Luxgap coverage GDPR NIS 2 DORA AI Act Whistleblowing CSSF 22/806
Recital 110

Recital 110

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

(110)

The European Data Protection Supervisor was consulted in accordance with Article 28(2) of Regulation (EC) No 45/2001,

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