This Practice Note examines Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (the Whistleblowing Directive), which establishes Rules and procedures to protect ‘whistleblowers’, individuals who report information acquired in a work-related context on breaches of EU law in key Policy areas and, in specified circumstances, certain related Third parties.
Member States were required to transpose the provisions of Directive (EU) 2019/1937 into national law by 17 December 2021. National transposition has been slow. For further details, see: National implementation, below.
The Directive does not form part of retained EU law following IP completion day (31 December 2020) and therefore does not apply in the UK. The UK government confirmed in October 2019 that the UK would not be taking steps to transpose the Directive. For further details, see Practice Note: Brexit and IP completion day—implications for employment lawyers [Archived]—Whistleblowing.
Background
According to the European Commission, protection given to whistleblowers across the EU is currently fragmented and uneven. In 2021, only ten EU Member
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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Whistleblowing definition
What does Whistleblowing mean?
workers are protected against retaliatory dismissal or detrimental treatment where they make a 'protected disclosure' to the employer or to some other prescribed person. It must be a disclosure of information which the worker reasonably believes is made in the public interest and tends to show certain types of wrongdoing.
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