Recital 69
Directive on the protection of persons who report breaches of Union law · UE 2019/1937
| (69) | The Commission, as well as some bodies, offices and agencies of the Union, such as the European Anti-Fraud Office (OLAF), the European Maritime Safety Agency (EMSA), the European Aviation Safety Agency (EASA), the European Security and Markets Authority (ESMA) and the European Medicines Agency (EMA), have in place external reporting channels and procedures for receiving reports of breaches falling within the scope of this Directive, which mainly provide for confidentiality of the identity of the reporting persons. This Directive should not affect such external reporting channels and procedures, where they exist, but should ensure that persons reporting to institutions, bodies, offices or agencies of the Union benefit from common minimum standards of protection throughout the Union. |
In Luxembourg, the law of 16 May 2023 on the protection of whistleblowers did not embed an explicit list of EU channels in its external reporting article: the OFRS is the cross-sectoral authority, and sectoral authorities (CSSF, CNPD, ITM, CAA, ILR) coexist with the EU channels mentioned in recital 69. In practice, the OFRS redirects reports to the competent channel, but the whistleblower retains their initial choice and legal protection applies from the first report, including to OLAF or ESMA.
Luxgap practice: your policy must explicitly mention the three levels (internal, OFRS and LU sectoral authorities, EU bodies) and specify that a report to any of these channels triggers the protection provided by the law of 16 May 2023.
