Luxgap coverage GDPR NIS 2 DORA AI Act Whistleblowing CSSF 22/806
Recital 97

Recital 97

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

(97)

Action taken against reporting persons outside the work-related context, through proceedings, for instance, related to defamation, breach of copyright, trade secrets, confidentiality and personal data protection, can also pose a serious deterrent to whistleblowing. In such proceedings, reporting persons should be able to rely on having reported breaches or made a public disclosure in accordance with this Directive as a defence, provided that the information reported or publicly disclosed was necessary to reveal the breach. In such cases, the person initiating the proceedings should carry the burden of proving that the reporting person does not meet the conditions laid down by this Directive.