Luxembourg Whistleblower Law: Protecting Confidentiality and Offering Stronger Protections
The Luxembourg government has introduced a new whistleblower law to protect individuals who report breaches of the country’s laws and regulations. The amended law, effective since February 1984, provides stronger protections for whistleblowers and establishes a more efficient reporting mechanism.
Reporting Mechanism
Under the law, individuals can report suspected wrongdoing anonymously or through internal channels within their organization. The reports are then reviewed by competent authorities, which may include government agencies, regulatory bodies, and independent institutions.
Protections for Whistleblowers
If an individual chooses to make a public disclosure, they will be protected from retaliation if one of two conditions is met:
- They have made an internal and external report, but no action has been taken in response.
- They have reasonable grounds to believe that the breach poses an imminent danger to the public interest.
Whistleblowing Office
The law establishes the Whistleblowing Office, which provides information and assistance to those wishing to make a report. The office will also raise awareness of whistleblower protection legislation and inform competent authorities of any breaches.
Protection from Retaliation
Whistleblowers who suffer retaliation will be protected under the law and may seek redress through the courts. Any retaliatory measures taken against whistleblowers are automatically null and void, and individuals may seek compensation for damages suffered.
Prohibition on Malicious Reporting
The new law also prohibits malicious reporting, which is defined as knowingly making false reports or disclosures. Those found guilty of malicious reporting may face fines and imprisonment.
Contact Information
The Whistleblowing Office is operational since September 1, 2023, and can be contacted at:
- Address: 13, rue Erasme, Centre administratif Werner L-1468 Luxembourg
- Phone: (+352) 247-88564
- Email: francis.maquil@mj.etat.lu | ods.info@mj.etat.lu
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