Financial Crime World

Netherlands Expands Whistleblower Protections: External Parties Now Allowed to Report Financial Crimes

The Dutch Whistleblowers Authority Act, effective since July 1, 2016, has been updated as of February 18, 2023. This act now mandates Dutch organizations with over fifty employees to establish internal reporting procedures for wrongdoings, commonly known as Whistleblowing Alerts. With this latest update, the list of individuals and entities who can submit a Whistleblowing Alert has expanded.

What is a Whistleblowing Alert?

A Whistleblowing Alert is the reporting, in good faith and without any financial gain, of information about:

  • A crime or offense
  • A threat or harm to the public interest
  • A violation or attempted concealment of a binding law
  • An international norm or a unilateral act of an international organization
  • A breach of the Group Code of Conduct

Who Can File a Whistleblowing Alert?

Besides BNP Paribas employees, the following individuals and entities are now allowed to use the BNP Paribas Whistleblowing channel to file reports:

  • Former Group Employees: for information obtained during work-related activities
  • Applicants for employment: for information obtained during the application process
  • Shareholders and members of the Board of Directors
  • Co-contractors and their sub-contractors, including their administrative, management, or supervisory bodies and employees: for information obtained in the context of work-related activities

Methods to File a Whistleblowing Alert

Whistleblowers can report information using either:

  1. The internal BNP Paribas Whistleblowing channel: BNP Paribas Whistleblowing Framework
  2. Whistleblowing channels provided by local authorities, such as:
    • The Huis voor klokkenluiders (House for Whistleblowers)
    • DNB: DNB Meldpunt Misstanden (Dutch Central Bank Reporting Point for Misconduct)
    • The AFM: Bescherming klokkenluiders (AFM Whistleblower Protection)

Information Required from the Reporting Person

Regardless of the reporting channel used, the whistleblower is expected to provide accurate and factual information and any supporting documents related to the reported issue.

Protection of Confidentiality and Whistleblower

The updated Dutch Whistleblowers Authority Act ensures the confidentiality of the whistleblower’s identity and any related information during the collection and processing of reports. Additionally, there is protection against retaliation for those who make reports without any financial gain and in good faith.

However, this protection does not apply to individuals who submit false, malicious, abusive, or misleading reports deliberately and knowingly.