Companies have to set up an internal reporting channel so that employees can report breaches related to things like public procurement, environmental protection, privacy, public health and anti-money laundering. As soon as your company has more than 50 employees, you have to set up such a channel. If your organisation has more than 250 employees, then it must also be possible to make such a report in complete anonymity.
What does this mean in practical terms?
When does the legislation take effect?
The law comes into force on 15th February 2023. Companies with more than 50 employees and less than 250 employees have a period of grace until 17 December 2023 (unless certain exceptional sectors).
We advise you in any case to prepare your company for the introduction of the reporting channel. This can be done in-house, but it can also be outsourced.
Sanctions in the event of non-compliance
Companies that fail to comply with the above obligations regarding internal reporting, its registration and follow-up may face administrative penalties ranging from € 2,400 to € 24,000. Criminal sanctions are also possible.
Whistleblowers who do fall victim to reprisals are entitled to compensation ranging between 18 and 26 weeks’ pay. This compensation cannot be combined with any compensation for unfair dismissal. If the employee is not salaried, the compensation is set at the actual loss suffered.