EU frameworkGDPRNIS 2DORAAI ActWhistleblowing
Recital 8

Recital 8

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

(8)

As regards the safety of products placed on the internal market, businesses involved in the manufacturing and distribution chain are the primary source of evidence, with the result that reporting by whistleblowers in such businesses has a high added value, since they are much closer to information about possible unfair and illicit manufacturing, import or distribution practices regarding unsafe products. Accordingly, there is a need to introduce whistleblower protection in relation to the safety requirements applicable to products regulated by the Union harmonisation legislation as set out in Annexes I and II to Regulation (EU) 2019/1020 of the European Parliament and of the Council (6), and in relation to the general product safety requirements as set out in Directive 2001/95/EC of the European Parliament and of the Council (7). Whistleblower protection as provided for in this Directive would also be instrumental in avoiding diversion of firearms, their parts and components and ammunition, as well as of defence-related products, since it would encourage the reporting of breaches of Union law, such as document fraud, altered marking and fraudulent acquisition of firearms within the Union where breaches often imply a diversion from the legal to the illegal market. Whistleblower protection as provided for in this Directive would also help prevent the illicit manufacture of homemade explosives by contributing to the correct application of restrictions and controls regarding explosives precursors.

Luxembourg specificity
loi luxembourgeoise du 16 mai 2023 relative à la protection des lanceurs d'alerte

In Luxembourg, the law of 16 May 2023 on whistleblower protection covers product safety reports through the Office des rapports de signalement (OFRS) as cross-sectoral external authority, with routing to ILNAS for regulated products and the Grand-Ducal Police for firearms and explosives precursors. The 50-employee threshold applies without sectoral exception for the mandatory internal channel, and criminal sanctions for retaliation range from 1,250 to 25,000 EUR (doubled in case of recidivism), cumulative with full civil compensation.

Luxgap practice: for Luxembourg-based manufacturers and distributors (in particular cross-border production sites in Belval/Differdange and Findel logistics hubs), we pre-configure routing trees to OFRS, ILNAS and Grand-Ducal Police with official Luxembourg forms, and we train managers to recognise indirect retaliation (training denial, schedule change, isolation) to neutralise the criminal risk under Article 26 of the 2023 law.