According to a survey by a national German newspaper, a large proportion of German whistleblowers are facing labor law and even health problems in connection with whistleblowing. 13 out of 20 whistleblowers subsequently lost their jobs.
To tackle these problems on
In concrete terms, a uniform and cross-border protection mechanism
The draft directive provides for a three-stage process for whistleblowers: First, whistleblowers must be able to report any (presumed) violations of the law internally. To this end, trustworthy communication channels must be created that guarantee secure handling of sensitive information, for example in the form of ombudsmen or hotlines. Only if there is no reaction to indications in this way should whistleblowers be able to contact state control authorities in a second
Scope of Protection
The draft rules apply to all companies with more than 50 employees or an annual turnover of at least ten million euros. In addition, all state and regional administrations and municipalities with more than 10,000 inhabitants are also included. At the same time, a substantive limitation to breaches of EU law in areas such as nuclear safety, financial services, money laundering
The draft directive covers not only employees in the private sector. Rather, the purpose of the draft directive is to protect any person who may become aware of sensitive information. Consequently, public sector employees, contractors, suppliers, freelancers, unpaid interns, applicants
Burden of Proof
The Commission’s recommendations provide for a reversal of the burden of proof. In this case, the company concerned must prove that it has not taken any retaliatory measures against the whistleblower. Furthermore, the whistleblower should also be protected in court proceedings by the exemption from liability for disclosed information.
The draft directive is initially only a recommendation of the EU Commission on the extended protection of whistleblowers. Before