DUTY TO ESTABLISH

 

The Whistleblower Act requires that organisations with a minimum of 50 employees on a regular basis must establish an internal whistleblowing channel for reporting information about infringements and procedures carried out on account of such notifications.


In addition, there is an external whistleblowing channel managed by the Office of the Chancellor of Justice that can be used for reporting and still gaining the statutory protection under certain conditions prescribed by law. Read more about the Office of the Chancellor of Justice’s central whistleblowing channel here. 
Breaches may be reported through the Office’s reporting channel in the following situations: 

  1. Your organisation does not have an internal reporting channel or the whistleblower cannot use the internal reporting channel
  2. The whistleblower has a legitimate reason to believe that their internal report has not resulted in measures within the time prescribed
  3. The whistleblower has a legitimate reason to believe that the breach cannot be dealt with in an effective manner on the basis of the report; or
  4. The whistleblower has a legitimate reason to believe that they may face retaliation due to their report.

The Whistleblower Act complements existing legislation relating to different authorities’ reporting channels and the processing of reports, such as the reporting channels of the Financial Supervisory Authority or the Financial Intelligence Unit. This also means that if reporting directly to a reporting channel maintained by an authority has been prescribed elsewhere by law, a report may be submitted to such a reporting channel without first submitting a report through the organisation’s internal reporting channel.