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Whistleblower Protection Law Takes Effect in Luxembourg

September 1, Luxembourg - A new law aimed at protecting whistleblowers has come into effect in the Grand Duchy of Luxembourg. The legislation provides a framework for reporting breaches and ensures that individuals who report wrongdoing are safeguarded from retaliation.

Framework for Reporting Breaches

Under the law, anyone can report breaches anonymously or publicly, and they will be protected from any form of retaliation, including dismissal, demotion, or disciplinary measures. The whistleblowing office, established by the Minister of Justice, will inform and assist individuals who wish to make a report and ensure that the procedures are followed correctly.

Reporting Breaches

The law establishes a list of competent authorities where reports can be made, including:

  • Luxembourg Financial Services Authority
  • Insurance Commission
  • Competition Authority
  • Other relevant authorities

These authorities must guarantee confidentiality and comply with personal data processing legislation when handling whistleblower reports.

Protection for Whistleblowers

Whistleblowers who report breaches or make public disclosures will enjoy protection under the following conditions:

  • They must have reasonable grounds for believing that information on breaches was true at the time of reporting.
  • The report has already been made internally or externally via designated channels, or a public disclosure has been made in accordance with applicable provisions.

The law also provides protection for individuals who report breaches anonymously but are subsequently identified and subjected to retaliation. Additionally, persons reporting breaches to European Union institutions, bodies, offices, or agencies will be protected under the same conditions.

Retaliatory Measures Null and Void

All forms of retaliation, including threats and attempted reprisals, are prohibited under the law. Retaliatory measures taken against whistleblowers will be automatically null and void, and individuals can seek damages for any harm suffered.

Burden of Proof

The burden of proof is reversed in favor of the whistleblower, who must establish the grounds for their action. Whistleblowers will also not incur liability for obtaining or gaining access to information reported or publicly disclosed, provided that such actions do not constitute a separate criminal offence.

Penalties for Malicious Reporting

Anyone who knowingly reports or publicly discloses false information may face penalties, including:

  • Imprisonment of between 8 days and 3 months
  • Fines ranging from €1,500 to €50,000
  • Civil liability and damages to the entity suffering harm

Contact Information for Whistleblowing Office

The Whistleblowing Office (Office des Signalements) is operational since September 1, and individuals with questions or concerns about reporting breaches can contact the office at:

13, rue Erasme, Centre administratif Werner L-1468 Luxembourg Tél.: (+352) 247-88564 E-mail: francis.maquil@mj.etat.lu | ods.info@mj.etat.lu

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