Romania Enacts Whistleblower Protection Laws: Private Companies Must Comply by December 22nd

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Strengthening Public Interest Whistleblowers’ Protection in Romania

On December 19th, Romania published Law no. 316/2022 on the protection of public interest whistleblowers in the Official Gazette. The law will come into force on December 22nd, requiring private companies with at least 250 employees and public institutions to establish internal reporting channels and whistleblowing guidelines.

Implementation Deadlines

• Private companies with at least 250 employees: must implement proper reporting channels by December 22nd
• Private companies with between 50-249 employees: deadline for implementation is set for December 17th, 2023
• All companies, regardless of size: must have whistleblowing guidelines in place by December 22nd

Key Provisions

• Appointment of an internal party responsible for whistleblowing (unless delegated to specialized service providers)
• Anonymous whistleblowers enjoy the same legal protection as those who choose to reveal their identities
• Reports will be registered and managed equally
• Whistleblowers have the right to be represented by a lawyer appointed free of charge by the Romanian Bar Association during disciplinary investigations

Impact on Employee Relations

• Whistleblowers will have the right to request union and/or media representatives participate in disciplinary investigations
• Courts are empowered to order that their rulings on illegal retaliation be published on company websites and in the press

Compliance and Guidance

As Romanian companies prepare to comply with the new law, experts from our firm are available to provide guidance on implementing the necessary measures and navigating the implications for business operations. For more information, please contact Alexandru Ene-Dragan and Oana Piticas.