Romania Enacts Whistleblower Protection Law to Align with EU Directive

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Romania has recently transposed the EU Whistleblowing Directive into its national legislation, introducing a new law aimed at protecting whistleblowers who report wrongdoing in the public interest. The Romanian Whistleblowing Law, adopted on December 22, 2022, provides a framework for companies and organizations to receive and investigate whistleblower reports while ensuring the confidentiality of the individuals involved.

Key Provisions

• Private entities with more than 50 employees must establish secure reporting channels for whistleblowers to report wrongdoing anonymously or otherwise.
• Reporting channels must be accessible, user-friendly, and ensure confidentiality, allowing individuals to submit reports in writing, orally, or through meetings.
• Companies must appoint a designated person responsible for receiving, recording, and investigating whistleblower reports.

Anonymous Reporting

• The law allows for anonymous reporting, provided the report contains sufficient information about the alleged wrongdoing.
• In such cases, organizations are required to analyze the report while taking steps to ensure confidentiality and minimize personal data processing.

Protection of Whistleblower Identities

• Companies must keep whistleblower identities confidential unless they have explicitly consented to disclosure or unless required by law.
• The reported person and third parties identified in the report also have the right to maintain their anonymity.

Data Processing

• Organizations are required to minimize personal data processing during whistleblowing procedures.
• Only relevant data necessary for resolving the report must be collected, and any inadvertently collected information must be deleted promptly.

Record Keeping

• Records related to whistleblowing reports and settlement resolutions must be stored electronically for a period of five years.

Implementation and Compliance

• The implementation of the new law presents an opportunity for organizations to enhance their data processes and systems.
• Companies must:
  • Establish clear reporting policies and procedures
  • Execute non-disclosure agreements with employees who have access to whistleblowing data
  • Limit access to sensitive information
  • Imposed disciplinary sanctions on those who violate confidentiality obligations

Conclusion

The Romanian Whistleblowing Law marks an important step in aligning the country’s legislation with EU standards, providing a safe and effective mechanism for individuals to report wrongdoing while protecting their identities. As the law takes effect, organizations must ensure compliance with its provisions to avoid potential liabilities and maintain a positive reputation.