The application of the “Whistleblowers Act"

• All service providers covered by the Anti-Money Laundering Act (e.g. credit institutions, audit and accounting firms, trusts, law firms);
• oil and gas companies / civil aviation companies / operators of floating installations, regardless of the number of employees;
• any undertaking employing at least 50 persons, irrespective of the type of activity.

Deadlines:

• required to comply with the Act within 60 days of its entry into force, i.e. by 24 July 2023:
  • service providers subject to the Anti-Money Laundering Act (e.g. credit institutions, audit and accounting firms, trusts, law firm);
  • oil and gas companies / civil aviation companies / operators of floating installations, regardless of the number of employees;
• by 17 December 2023:
  • undertakings employing 50 to 249 persons;
• by 24 July 2023:
  • undertakings employing 250 persons or more.

The procedure to follow:

• Establishing internal procedures
• Investigating complaints

If the system is not implemented, the sanctions may include:

• audit by the employment inspectorate, which may impose sanctions;
• a failure to comply with data processing rules may be grounds for a data protection fine;
• obstructing the whistleblowing activity or applying any adverse action against a whistleblower can be grounds for starting misdemeanour proceedings.

MAZARS is also available to assist its existing and prospective clients in drafting internal rules of procedure, updating data protection policies, as well as providing the necessary information and answering practical questions in connection with the above.

If required, we can also participate in the designation of a person or organisation responsible for the operation of a whistleblowing system, as an external service provider.