New law on the whistleblowing procedure
On 15 December 2022, the Belgian whistleblowers act, aimed at protecting reporting persons of breaches of Union or national law in the private sector, was published in the Belgian Official Gazette. This law implements the European whistleblower directive into Belgian law and enters into force on 15 February 2023.
The introduction of the whistleblowing procedure has consequences for many Belgian companies, as they are required to comply with requirements regarding whistleblower protection. The legislation aims to promote transparency, combat fraud and tax evasion, and protect the environment, consumers and public health.
Below we provide a brief overview of the new whistleblower legislation in Belgium:
Scope and definition of a whistleblower:
The law defines whistleblowers as private sector reporting persons with information on breaches obtained in a work-related context. This includes employees, directors, shareholders, (sub)contractors, self-employed persons, suppliers and trainees.
Obligations for companies: Companies are required to set up channels and procedures for internal and external reporting and follow-up. Confidentiality and the appointment of an impartial reporting manager are essential here. The law offers flexibility to companies to comply with legal requirements, but requires transparency and social responsibility.
Protection of whistleblowers:
The whistleblowing procedure prohibits retaliation against whistleblowers and offers specific protection for reporting persons in various capacities.
Sanctions:
Whistleblowers who experience retaliation may be entitled to compensation for damages.
Companies that do not comply with the law risk administrative fines and criminal sanctions.
For Belgian companies, it is important to comply with the requirements of the new whistleblower regulations by 15 February 2023 at the latest. Everest (anti)fraud offers, together with an external partner, an affordable and simple solution that helps to comply with legal obligations and to detect, investigate and tackle irregularities at an early stage.
For more information or an appointment, you can contact us without obligation via the contact form or info@everest-fraud.be.