ELEMENTS OF PROTECTION 

The most important thing is that everyone can report their observations safely. The law therefore protects whistleblowers in several ways.

 

Prohibition of retaliation: This means that the employer cannot take any retaliatory action against a whistleblower who has made a report in accordance with the Whistleblower Act. Retaliation can include any unfavourable treatment directed at the whistleblower specifically as a result of making the report. 

Prohibition of obstructing reporting: it is also prohibited to engage in conduct aimed at preventing the reporting or disclosure of information about a breach. In practice, this could mean conduct such as the threat of retaliation. 

Exemption from liability: Reporting cannot be restricted by obligations such as legal secrecy obligations or  confidentiality agreements or obligations. However, the reporting or disclosure of such information must be necessary to reveal the reported breach. Exemption from liability does not apply to situations in which the acquisition or obtaining of the information is deemed punishable by law. 

Confidentiality of personal data: Personal data mentioned in a report, as well as any information from which the identity of individuals could be directly or indirectly inferred, is confidential. This ensures the confidential handling of reports. 

Reversal of the burden of proof: If a court or another authority is handling an alleged breach of the prohibition of retaliation, and the evidence suggests that the prohibition of retaliation has been breached, it is the responsibility of the opposing party, typically the employer, to prove that the prohibition of retaliation has not been breached.

Compensation for damage: If a breach of the prohibition against retaliation or obstruction of reporting causes financial harm, the whistleblower is entitled to compensation. Compensation for financial harm may include actual loss of earnings or expenses incurred due to the breach of the prohibition, such as the loss of income resulting from the deterioration of employment conditions. 

Reparation: A whistleblower or any other protected person who has been subjected to retaliation has the right to receive reparation for the harm caused by the retaliatory actions from the employer or another organisation that has taken such retaliatory actions or engaged in conduct aimed at obstructing reporting.

Penalties: The Act also includes references to penalties such as those for breaching the duty of confidentiality. This aims to ensure the confidentiality of the identities of whistleblowers and other persons mentioned in reports.

Mandatory nature of the Act’s provisions: the protection, rights or legal remedies provided under the Act cannot be restricted by contract or individual contractual terms. The protection of whistleblowers may also not be limited by internal workplace policies or procedures. 

The Act also protects individuals who are the subject of a report.

At all stages of the proceedings initiated based on a report, the rights under the EU Charter of Fundamental Rights must be guaranteed, including effective remedies, a fair trial, the presumption of innocence and the right of defence. The rights of the person who is the subject of the report must also be protected to prevent damage to their reputation or other adverse consequences.