What EU Whistleblower Protection Directive (EU) 2019/1937 - Article 13: Conditions for Protection in External Reporting requires
Article 13 of the EU Whistleblower Protection Directive (2019/1937) establishes the conditions under which reporting persons who report to competent external authorities (rather than through internal channels) are entitled to the full protection of the Directive. Reporting persons are protected in external reporting if: (a) they had reasonable grounds to believe the information reported was true at the time of reporting; and (b) they reported through the external reporting channels set up by member states (typically regulatory authorities, law enforcement, or sector-specific supervisory authorities). Reporting persons who report externally without first using internal channels are still protected, as long as they had reasonable grounds for believing the information was true. Reporting persons may bypass internal channels and go directly to external authorities in specific circumstances: where they had reasonable grounds to believe the violation may not be effectively addressed internally; where they feared retaliation; where they reasonably believed internal reporting could lead to concealment or destruction of evidence; or where the subject of the internal report is the head of the reporting entity. The protection covers the reporting person's identity, freedom from retaliation, and access to legal and judicial remedies.
Pillar: Workplace · Authority: European Parliament and the Council of the European Union · Version: 2.0.0 · Last updated:
Primary source: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32019L1937
SHA-256 integrity: 568b13aeee8bd92168db3aff34464ec1eeffb8e754320521671f5f7e1c4c3ee0
Primary Citations — 8 traced to source
- {"title":"EU Whistleblower Protection Directive (EU) 2019/1937 - Article 13: Conditions for Protection in External Reporting","url":"https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32019L1937","section":"Article 13"}
- {"title":"EU Whistleblower Protection Directive (EU) 2019/1937 - Article 19: Prohibition of Retaliation","url":"https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32019L1937","section":"Article 19"}
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