Recital 64
Directive on the protection of persons who report breaches of Union law · UE 2019/1937
| (64) | It should be for the Member States to designate the authorities competent to receive information on breaches falling within the scope of this Directive and give appropriate follow-up to the reports. Such competent authorities could be judicial authorities, regulatory or supervisory bodies competent in the specific areas concerned, or authorities of a more general competence at a central level within a Member State, law enforcement agencies, anticorruption bodies or ombudsmen. |
In Luxembourg, the law of 16 May 2023 opted for a two-tier architecture: the OFRS (Office of Reporting Signalments) is the cross-cutting external authority of common law, while sectoral authorities (CSSF, CNPD, ITM, CAA, ILR) remain competent for reports falling within their domain. The whistleblower may choose either. Criminal sanctions for obstruction range from EUR 1,250 to EUR 25,000, doubled in case of repeat offence, on top of civil damages.
Luxgap practice: your internal information notice must explicitly name the OFRS AND all sectoral authorities potentially competent depending on the subject matter, without channelling the whistleblower toward a single external route.
