Which law protects whistleblowers?

Law 93/2021 of December 20 transposed Directive (EU) 2019/1937 of the European Parliament and of the Council of 26/11/2019.

What is the main function of this whistleblowing channel?

It aims to protect those who report or publicly disclose violations of EU law, while ensuring all conditions of secrecy, confidentiality and security.

It contains obligations, rights and responsibilities for whistleblowers and companies.

Who can be a whistleblower?

Any natural person who reports or publicly discloses a violation, regardless of its nature, on the basis of information obtained in the course of his or her employment may benefit from whistleblower protection:

·        Employees in the private, social or public sector;

·        Service providers, contractors, subcontractors and suppliers, and all persons acting under their supervision and direction;

·        Shareholders and members of the administrative, management, fiscal or supervisory bodies of legal entities, including non-executive members;

·        Volunteers and interns, whether paid or unpaid.

The status of whistleblower also applies:

·        When information about violations is reported that was obtained during a professional relationship that has since ended;

·        If the professional relationship has not yet begun, in cases where the whistleblower obtained the information about the complaint at a pre-negotiation stage.

In addition to the protection of the whistleblower, the law also provides for the protection of those who are in some way related to the whistleblower, namely: the person assisting the whistleblower, a third party related to the whistleblower, a work colleague or family member who may be the target of retaliation, and legal entities or similar entities owned or controlled by the whistleblower.

What types of violations can I report?

The following are considered violations under the Whistleblower Act:

1.        An act or omission that violates European Union rules in the following areas

1.1.   Public procurement

1.2.   Financial services, products and markets, anti-money laundering, terrorist financing

1.3.   Product Safety and Compliance

1.4.   Transportation safety

1.5.   Environmental protection

1.6.   Radiation and Nuclear Safety

1.7.   Food and Feed Safety, Animal Health and Welfare

1.8.   Public Health

1.9.   Consumer protection

1.10.                        Privacy and personal data protection

1.11.                        Security of networks and information systems

2.        Acts or omissions contrary to and detrimental to the financial interests of the European Union

3.        Acts or omissions contrary to internal market rules, including competition, state aid and corporate tax rules

4.        Violent crime, in particular violent and highly organized crime, and the crimes referred to in Article 1, paragraph 1, of Law No. 5/2002, of January 11, 2002, which establishes measures to combat organized crime and economic and financial crime.

5.        Any act or omission contrary to the purpose of the rules or standards referred to in 1) and 2) above.

Can I go public?

The Whistleblowers Act provides for public reporting only if the reporting channel cannot be used or if the violation constitutes an imminent or manifest danger to the public interest if it cannot be effectively resolved by the competent authorities.

Can I track the complaint?

Yes, this is possible using the ID and password generated at the time of submission.

How is the confidentiality of my complaint guaranteed?

Only the person responsible for the report and the team involved in the internal handling of the report will know about it.

The information is encrypted to prevent unauthorized access.

Externally, reports can only be viewed if you have the ID and password.

I've reported it. What happens now?

The organization has 7 days to notify the whistleblower of receipt and provide clear and accessible information about: the requirements, the relevant authorities, and the form and admissibility of the external complaint.

The organization must then review the allegations contained in the complaint.

Within three months, the organization must inform the whistleblower of the action it intends to take or has taken to address the complaint and the reasons for the action.