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Belgium Finally Implements Comprehensive Whistleblower Protection Law
Belgium has finally completed its long-overdue process of transposing the EU Whistleblowing Directive, bringing significant changes for whistleblowers and companies alike.
Scope of the New Law
The scope of Belgium’s new whistleblower law is broad, covering not only employees but also self-employed individuals, former employees, trainees, and service providers. Companies with fewer than 250 employees may pool resources for reporting channels and investigations, while maintaining confidentiality and regular dialogue with whistleblowers.
Reporting Channels
The legislation provides three different reporting channels:
- Internal channels within companies
- External channels set up by the government
- Public disclosure through the press
Whistleblowers are free to choose the channel they deem most appropriate for their complaint. Companies operating in Belgium with 250 or more employees were required to establish a secure, impartial, and confidential internal reporting channel by February 15, 2023.
Protection Against Retaliation and Sanctions
The law also provides protection against retaliation and sanctions. Individuals who suffer retaliation are entitled to compensation ranging from 18 to 26 weeks’ salary or damages. Employers found non-compliant face tough penalties, including:
- Prison terms of between six months and three years
- Fines of up to €576,000
Belgium’s Commitment to Whistleblower Protection
Belgium’s efforts go above and beyond the requirements of the EU Whistleblowing Directive, making it an exemplary example for other member states. The country joins Greece, Finland, and Romania in implementing comprehensive whistleblower protection legislation.
Recent Development
In a recent development, the Federal Ombudsman was designated as the competent authority responsible for handling whistleblower reports and investigations. This move is expected to enhance the effectiveness of the new law.
Conclusion
The successful implementation of the EU Whistleblowing Directive in Belgium marks an important milestone in the country’s efforts to promote transparency, accountability, and good governance. As a result, whistleblowers can now feel more confident in reporting potential irregularities without fear of retaliation.