WHISTLEBLOWER PROTECTION ACT

The Whistleblower Protection Act regulates the protection of natural persons who have obtained information about violations in connection with their professional activities or prior to commencing professional activities and who report or disclose such information to the reporting offices provided for by law. The Whistleblower Protection Act aims to ensure comprehensive protection for whistleblowers.

All reports of violations are protected where they concern:

• violations of criminal law provisions;
• violations of administrative offence provisions;
• reports of violations of consumer protection regulations;
• environmental protection regulations and data protection regulations;
• the protection of life, limb or health, or the protection of employees’ rights.

However, reports of violations only fall within the scope of the Whistleblower Protection Act if they relate to the employer or another body with which the whistleblower had contact in a professional context.

Pursuant to Section 38 of the Whistleblower Protection Act, the whistleblower is obliged to compensate for any damage resulting from an intentional or grossly negligent report or disclosure of incorrect information. In addition, the knowing disclosure of a false report is punishable by a fine pursuant to Section 40 of the Whistleblower Protection Act.