Protection for Whistleblowers (Directive)


Whistleblowers are to be given better protection in the EU which will improve the enforcement of EU law. For this purpose, the EU Commission wants a Directive to create mechanisms with minimum standards to protect whistleblowers against retaliation for reporting breaches of specific EU law.


In cep’s view, it is appropriate that the Directive restricts protection to whistleblowers who obtain information “in the context of their work-related activities”. In addition, it also makes sense that whistleblowers have to use the internal reporting channel first, in order to be protected. However, restricting the Directive to specific breaches may also deter whistleblowers if they are unable to tell whether a report falls under the protection of the Directive. The Directive should also include legally certain criteria for determining when reporting is abusive and when the whistleblower has reasonable” grounds for believing that a breach has occurred.