Resources on whistleblowing law in Europe:

 

The Whistleblowing International Network Library includes a range of resources - laws, articles, studies, other publications and links - curated to help navigate the myriad of perspectives on global whistleblowing law and practice.   

The Whistleblowerprotection.eu platform also hosts a resources hub for key publications on the EU Directive on Whistleblowing and transposition into Member States national law.

The below list of publications, tools and other links have been collated by the EU whistleblowing Monitor team:

July 2021 Resources:

 

ISO 37002 on whistleblowing management systems has now been approved and published. These guidelines on implementing whistleblowing arrangements are applicable for any size or sector organisation and whilst generally non-binding the standard may be good leverage to encourage employers to improve systems and take their responsibilities to whistleblowers seriously both in and outside of Europe - a WIN Spotlight is forthcoming. 

Read more on developments in France and Denmark in WIN’s piece “A new wave of whistleblowing laws in Europe” which again features Xnet’s proposal formally registered in Spain last year.

Read TI Belgium’s Report which provides analysis of the EU Directive and makes several key recommendations for transposition into Belgium national law. Available in French and Dutch.

June 2021 Resources:

 

The second ‘WhistlePro’ international online conference on Whistleblower Protection at Work in the Visegrad Group countries, France and Slovenia, held by the University of Lodz took place on the 15 June 2020.  Presentations were given by academics, public officials and civil society experts providing a comparative analysis of current national frameworks in France, Slovenia, Hungary, Czech Republic, Poland and Slovakia and the provisions of the Directive – see the programme here. A recording of the conference can be rewatched here.

Eurocadres published a new guide, 'Role of trade unions in setting up internal whistleblowing channels'. The guide forms part of Eurocadres project “Whistleblowing in European companies: Industrial relations for successful implementation of reporting channels”. The project has been run in collaboration with Maastricht University and the research and the guide have been done by Dr. Vigjilenca Abazi.

May 2021 Resources:

 

Watch TI Ireland’s and other experts online webinar discussing the proposed ‘General Scheme of the Protected Disclosures (Amendment) Bill’ to transpose the EU Directive on Whistleblowing into Irish law. Held on 27 May 2021, key experts discuss key provisions and potential loopholes with the potential reform.

An online tool on whistleblowing for trade unions has been developed by Eurocadres includes a transposition toolkit, several interviews with key experts. The free online course is available in six languages.

April 2021 Resources:

 

Read the Whistleblowing International Network’s third briefing paper as part of WIN’s series on transposition: “Implementing the EU Directive on Whistleblowing: Burden of proof for whistleblower claims must be fully reversed”  - downloadable here.

Watch UK whistleblowing charity Protect and other experts online webinar ‘Let’s Fix Whistleblowing Law.’ Held on 29 April 2021, key experts and whistleblowers discuss the Public Interest Disclosure Act, Europe’s first whistleblowing law and the urgent need for reform.

Watch Human Rights House online conference session on the transposition of the EU Directive into Croatian national law held on 20 April 2021 here.

The Whistleblowing International Network have published this Spotlight on WIN Member Oživení discussing the role of empirical research into cultural attitudes to whistleblowing and implications for the transposition of the EU Directive in the Czech Republic.

March 2021 Resources:

 

The Whistleblowing International Network and Transparency International have published a joint Report on Progress on transposition launched with an online webinar and two accompanying blogs which highlight key findings: Are EU Countries taking whistleblower protection seriously? and Can transposing the Whistleblower Protection Directive be done on time? Maybe, but not at the cost of transparency and inclusiveness.

Read the minutes of the 4th meeting of the EU Commission Expert Group on the EU Directive on whistleblowing which took place 03 March 2021. The minutes detail the issues facing Member States policy makers as they grapple with the transposition of the Directive into national law.

Read the Whistleblowing International Network’s second briefing paper as part of a WIN series on transposition: “Implementing the EU Directive on Whistleblowing: All internal reporting must be clearly protected in law” – downloadable here.
 
The International Bar Association and The Government Accountability Project have now published their joint report: Are whistleblowing laws working? A global Study on Whistleblowers Protection Legislation  which looks at the successes and shortcoming of whistleblowing protection in 38 countries (including France, Hungary, Ireland, Italy, Malta, Romania, Slovakia and Sweden.)
 
NGO Blueprint for Free Speech have published an analysis on the Draft Law in Germany.
 
Dimitrios Kafteranis, the EU Whistleblowing Monitor country editor for Luxembourg, has published this blog for the University of Chicago on the EU Directive and obstacles for implementation.
 
Finally, this open access academic paper from the Journal of Business Ethics discusses the theory of whistleblowing and the Directive from a human rights perspective.

February 2021 Resources:

 

The Whistleblowing International Network, in collaboration with Whistleblower-Netzwerk e.v., have published this Spotlight: “Experts say Germany must change approach to protect whistleblowers” which is a shortened translation setting out legal arguments that verbatim transposition of the Directive which only protects reports of breaches of EU Law is not justifiable under principles of equality under German constitutional law.
 
The Whistleblowing Impact research group have published this report on the experience of whistleblowers which quantifies the personal cost of whistleblowing. These studies can provide persuasive empirical evidence of the need for laws and policies which comprehensively protect and fully compensate whistleblowers in Europe.
 
The Whistleblowing International Network held an Event and Call to Action with EU Whistleblowing Monitor partners TI Europe and Eurocadres which proved to be a lively discussion with over 180 people registering to attend.

January 2021 Resources:

 

Read the Whistleblowing International Network’s first briefing paper as part of a WIN series on transposition: “Implementing the EU Directive on Whistleblowing: Whistleblowing protection laws must cover breaches of national law” – downloadable here.

Blueprint for Free Speech have published new research on public perceptions of whistleblowers and their response to public consultation in Spain here.

December 2020 Resources:

 

The Network of European Integrity and Whistleblowing Authorities (NEIWA) which includes 21 EU Member States have published their Brussels Declaration which makes several recommendations for governments implementing the EU Directive on Whistleblowing including to extend the material scope of protections.

Read the minutes of the 3rd meeting of the EU Commission Expert Group on the EU Directive on whistleblowing which took place 07 December 2021. The minutes details the issues facing policy makers within member states as they grapple with transposing the Directive into national law.

November 2020 Resources:

 

The European Federation of Journalists have published a Transposition Guide on the EU Directive on whistleblowing for journalists, which provides journalists organizations with information on how the directive may affect their profession. The Whistleblowing International Network collaborated with EFJ on this summary briefing of the report.

A new toolkit on whistleblowing for trade unions has been published by Eurocadres in several languages. The best practice guide, developed in collaboration with NGO Protect, also outlines the role of trade unions in the transposition of the Directive. A webinar entitled ‘Workers with Whistles,’ discussing the complex but vital role trade unions play in supporting whistleblowers, took place on 3 December, see here.

Transparency International Irelands initiative Integrity at Work programme hosted an online workshop for prescribed competent authorities to discuss preparations for transposition of the Directive on the 7 December, see here.

The second virtual symposium on ‘The EU Whistleblowers Directive: Transposition Imperative for Ireland’ with analysis relevant to all Member States took place on 11 November.

October 2020 Resources:

 

The Network of European Integrity and Whistleblowing Authorities (NEIWA), which met in June 2020, has published it’s Rome Declaration which makes ten recommendations for governments to implement the Directive, including to consider various types of interim measures within the workplace to avoid negative consequences for whistleblowers.

An article published on 30 September 2020 by Dimitrios Kafteranis, EU Whistleblowing Monitor Country Editor for Greece ‘Enforcing EU Law: the case of the Whistle- blower’ which discussed the importance of the Directive, can be read here.

Two helpful resources concerning the implementation of GDPR Rules in whistleblowing legislation: The  French data protection authorities opinion and Guidelines on processing personal information within a whistleblowing procedure, a 2019 report of the European Data Protection Supervisor (prior to the adoption of the Directive) which sets out some helpful points regarding confidentiality regimes.

September 2020 Resources:

 

Transparency International have published a comprehensive tool “Assessing Whistleblowing Legislation: Methodology and Guidelines for Assessment against the EU Directive and Best Practice.”  The tool is designed to support policymakers and advocates to assess national legislation, draft laws and any amendments during the legislative process, to ensure optimal transposition of the Directive and to push for strong whistleblowing protection based on internationally recognized best practice. See also this policy paper with analysis and recommendations for transposition

Read the minutes of the 2nd meeting of the EU Commission Expert Group on the EU Directive on whistleblowing which took place 29 September 2021. The minutes details the issues facing policy makers within member states as they grapple with transposing the Directive into national law.

August 2020 Resources:

 

Transparency International have published a series of blogs which illustrate, using real life stories, how whistleblowers help save lives, the planet, public money and even companies, and why EU Member States need to go beyond the minimum standards when transposing the Directive.

July 2020 Resources:

 

Blueprint for Free Speech have launched a Compliance Checker online tool and Guide ‘Getting Whistleblower Protection Rights: A Practical Guide to Transposing the EU Directive’ designed to evaluate legislative proposals against compliance with the Directive and conformity with international best practice standards (including issues raised by Covid-19.)

A comprehensive report of the inquiry on the Swedish transposition of the Directive has now been published.  The 800+ page ‘Increased Security for Whistleblowers’ Report is in Swedish but contains a summary of the investigation in English on page 33.

June 2020

 

The Network of European Integrity and Whistleblowing Authorities (NEIWA), which includes 21 EU Member States, have published their Rome declaration which makes several recommendations for governments implementing the EU Directive on Whistleblowing.

February 2020

 

Read the minutes of the 1st meeting of the EU Commission Expert Group on the EU Directive on whistleblowing which took place 06 February 2020. The minutes details the issues facing policy makers within member states as they grapple with transposing the Directive into national law.