On Sept. 1, the law on the protection of whistleblowers, part of the European Union legislation, will enter into force in Estonia.
In simple terms, the new law introduces an obligation for certain government and local administration units and employers who are legal persons and employ more than 50 employees to establish a notification channel. A person must also be designated who is responsible for handling reports of breaches, including receiving them, keeping in touch with the party that submitted the report, providing feedback and informing about the implementation of measures.
Kai Villemson, an attorney at law firm RASK, explained that at least one channel for secure and confidential notification must be created, which must allow individuals to report violations in writing and/or orally.
“It could be, for example, an email or an online platform. A verbal hotline or some other voice message forwarding option is also a suitable channel. Notifications may also be made via the notifier’s superior,” she said.
The obligation to establish a notification channel applies to any legal entity with at least 50 employees. If desired, the same channel can be used to report other internal regulatory breaches, and protection can be offered to those who report such violations. However, there is no obligation to create such broader protection. After establishing the whistleblowing channel, employees should be informed about it, for example, via email.
According to Villemson, it is also important to designate a person or unit responsible for managing the whistleblowing channel, who will be in charge of receiving reports, maintaining communication with the whistleblower, and providing feedback. If necessary, this role also includes requesting additional information and informing the whistleblower of any follow-up actions.
“This can be either an internal or external person. In practice, this role is usually handled by the HR department,” she said.
A system should also be established, complete with instructions, for how whistleblower reports are handled and how confidentiality is ensured for the notifier. Companies that do not establish a notification channel, prevent the notification of a violation or take measures of pressure against a whistleblower and violate the confidentiality of the whistleblower can be punished with a fine of up to 100,000 euros.
“Pressure measures include, for example, termination of employment, salary reduction, demotion, changes in job duties, changes in the place and/or time of work, discrimination, placing someone in a disadvantageous position, or the premature termination or cancellation of a contract for goods or services,” Villemson added.
Source: BNS
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