News item | 17-02-2023 | 13:22
The Whistleblower Protection Act comes into force on 18 February. Reporters of abuses are therefore better protected. If they indicate that they have been disadvantaged by their employer because of their report, the burden of proof now lies with the employer to demonstrate that this is not the case. More reporters are also protected than just employees in employment.
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The Whistleblower Protection Act stems from a European Union directive and replaces the old House for Whistleblowers Act.
Hanke Bruins Slot (Interior and Kingdom Relations): “Whistleblowers are often courageous people in a vulnerable position who stick their necks out for the public interest. They therefore deserve good protection. This law strengthens this protection and I see it as an important step in the right direction. In addition, I am working on a next bill that will further improve the position of whistleblowers.”
Burden of proof shifts to employer
Reporters who believe that they have been disadvantaged because of a report of a suspected wrongdoing as referred to in the Whistleblower Protection Act no longer have to demonstrate that they have been disadvantaged because of their report. The burden of proof shifts to the employer. From now on, he must demonstrate that the disadvantage has nothing to do with the report. In addition, employers must meet stricter requirements when it comes to their internal reporting procedures for abuses. For example, after a report, employers must provide the reporter with information about the progress of the investigation within a maximum of three months.
More detectors protected
In addition to employees, others who perform work-related activities are also protected, such as trainees, self-employed persons without employees, volunteers, (sub)contractors, suppliers and job applicants. They no longer have to make their report internally first, but if they wish they can also directly contact the Whistleblowers Authority or another competent authority, such as the Netherlands Authority for the Financial Markets or the Authority for Personal Data. Those who assist a reporter and internal investigators of a report are now also protected against disadvantage.
Some parts not working
Some parts of the Whistleblower Protection Act will not come into effect at this time. This includes the obligation for employers to also process reports that are anonymous. Further regulations are required for this.
Another outstanding issue is whether the Whistleblowers Authority may impose sanctions if employers do not comply with certain obligations under the Whistleblower Protection Act. The consequences of these components for implementation and enforcement must first be identified. Subsequently, further regulations are also required for this.
In addition, following the evaluation of the House for Whistleblowers Act and proposals from the initiative memorandum of Member of Parliament Omtzigt, work will be done on a subsequent bill with further improvements in the position of whistleblowers.
More information
More information about this and upcoming legislative changes on the position of whistleblowers can be found at lawprotectionclockkenluiders.nl.