Whistleblower Directive Requirements on the Reporting Channels

The Whistleblower Directive (“Directive”) leaves it up to the Member State to define how to establish the necessary whistleblower reporting channels as long as the identity of whistleblowers remains confidential.

There are however some minimum requirements provided by the Directive:

1. The channel is designed, established and operated in a secure manner that ensures the confidentiality of the identity of the reporting person and that any third party mentioned in
2. the reporting is protected, and that prevents unauthorised employees’ access to it (Article 9(1)a of the Directive)
3. A confirmation of receipt of the report is given to the reporting person within seven days
4. An impartial, competent person or department is appointed to follow up on the reports. This person or department must maintain communication with the reporting person and, where necessary, request further information from and provide feedback to this reporting person
5. A careful follow-up is carried out on the designated person or department (there will be a separate post on what are relevant considerations)
6. A reasonable time limit is set for giving feedback which does not exceed three months from the acknowledgment of receipt of report
7. The channel must contain clear and easily accessible information on the procedures for making reports externally to competent authorities (see Article 9(1)g of the Directive) to employees as well as to persons other than employees who come in contact with the entity through their work-related activities, such as service-providers, distributors, suppliers and business partners

Member States may add more procedural rules when implementing the Directive.