The Protection of the Whistleblower Act, Chapter 527 has recently been amended in order to transpose Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law.

Our law now requires private companies and public entities with more than 50 workers to set up effective internal reporting channels for whistleblowing purposes. To this end, whistleblowers must be able to submit reports either in writing and/or orally. Companies are also obliged to offer a personal meeting should the whistleblower request it.

In implementing the internal reporting channel, companies must ensure that the identity of the whistleblower is kept confidential regardless of which reporting channel is used and must ensure compliance with the GDPR at all times.

Companies are also obliged to confirm receipt of the report to the whistleblower within seven days and, inform the whistleblower of any action taken within three months, the status of the internal investigation and its outcome.

In managing the internal reporting channel, companies must determine the most suitable person to receive and follow up on reports internally.
The aim of the Directive is to ultimately foster a speak-up culture by providing for protection for all persons in a situation of vulnerability. This includes, inter alia, employees (regardless of whether they are temporary, indefinite-term, etc.), contractors (including consultants, suppliers) and former employees or candidates.
The law is already in force and therefore companies must urgently be looking at complying with this newly amended law to ensure their house is in order.

Visit our page for more details: https://whistleblowing.fenechlaw.com/

How can we help?
Should you require any further information or assistance on the matter, please do not hesitate to reach out to us personally on paul.gonzi@fenechlaw.com and mattea.pullicino@fenechlaw.com.

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