Recital 89
Directive on the protection of persons who report breaches of Union law · UE 2019/1937
| (89) | Potential whistleblowers who are not sure about how to report or whether they will be protected in the end may be discouraged from reporting. Member States should ensure that relevant and accurate information in that regard is provided in a way that is clear and easily accessible to the general public. Individual, impartial and confidential advice, free of charge, should be available on, for example, whether the information in question is covered by the applicable rules on whistleblower protection, which reporting channel might best be used and which alternative procedures are available in the event that the information is not covered by the applicable rules, so-called ‘signposting’. Access to such advice can help to ensure that reports are made through the appropriate channels, in a responsible manner, and that breaches are detected in a timely manner or even prevented. Such advice and information could be provided by an information centre or a single and independent administrative authority. Member States could choose to extend such advice to legal counselling. Where such advice is given to reporting persons by civil society organisations which are bound by a duty of maintaining the confidential nature of the information received, Member States should ensure that such organisations do not suffer retaliation, for instance in the form of economic prejudice through a restriction on their access to funding or blacklisting that could impede the proper functioning of the organisation. |
In Luxembourg, the law of 16 May 2023 on the protection of whistleblowers assigns the Office des rapports de signalement (OFRS) a public information and signposting role, materialising the impartial advice requirement of recital 89. OFRS is the cross-sectoral external authority, but signposting must also reference the competent sectoral authorities: CSSF (finance), CNPD (data), ITM (labour), CAA (insurance), ILR (telecom). The internal channel obligation threshold is set at 50 employees for the private sector, with no threshold for public entities.
Luxgap practice: your internal scheme must explicitly redirect to OFRS and to the relevant sectoral authority from the landing page of the reporting channel, and log the qualification performed to evidence impartiality in case of audit.