Financial Crime World

Whistleblower Protection Law: Compensation for Revenge and Administrative Measures

=====================================================

The new whistleblower protection law in Albania has introduced several key provisions aimed at ensuring the safety and security of individuals who report wrongdoing. This law aims to promote transparency, accountability, and good governance by encouraging individuals to come forward with information about wrongdoing without fear of retaliation.

Key Provisions

  • Compensation for Damages: Whistleblowers have the right to demand compensation from the court for any damage suffered as a result of retaliation or revenge.
  • Monitoring and Training: The High Inspectorate for the Declaration and Audit of Assets and Conflict of Interest (HIDAACI) will monitor the implementation of the law, including reporting mechanisms, investigation procedures, and protection measures for whistleblowers. HIDAACI will also provide training to organizations on how to establish internal reporting systems.
  • Annual Reports: Responsible units within organizations must submit annual reports to HIDAACI on their whistleblowing activities, including:
    • The number of reports received
    • The results of investigations
    • Any measures taken to protect whistleblowers
  • Administrative Measures: Administrative measures, including fines ranging from 100,000 to 500,000 lek (approximately $900-$4,500 USD), will be imposed for violations of the law. HIDAACI has the authority to determine violations and impose fines, which will be used to fund the state budget.
  • Sublegal Acts: Sublegal acts must be issued within two months of the law coming into force, providing further details on procedures for reporting, investigating, and protecting whistleblowers.

Implementation

The whistleblower protection law comes into effect 15 days after its publication in the Official Gazette, with some provisions taking effect earlier. HIDAACI will publish an annual report on the implementation of the law, which will include information on public awareness and confidence in the whistleblowing mechanisms.

Timeline

  • Law publication: 15 days prior to coming into effect
  • Sublegal acts issuance: Within two months of the law coming into force

By implementing this whistleblower protection law, Albania aims to create a safe and secure environment for individuals to report wrongdoing without fear of retaliation.