All companies employing 250 people or more will be obliged to have an active whistleblowing channel for their workers as of tomorrow (15 February).
In line with a bill passed at the end of November, any whistleblowers at risk of dismissal or legal action will receive improved protection in Belgium. The new law responds to the lack of provisions law to protect whistleblowers in the private sector.
"This deadline is imperative because the absence of a reporting channel can have not only financial consequences but also criminal sanctions in case of 'reprisals' against a whistleblower," said Jan Vanthournout, SD Worx legal advisor.
Large companies now have to inform employees of their internal reporting channel, explain the procedure for this and follow up on internal reports, which have to be kept in a register in accordance with GDPR regulations. They must also provide protection to whistleblowers.
In line with the law, it must always be possible for whistleblowers to report anonymously if they choose to do so, which will help ensure a high level of trust in the reporting channel. However, the system must also ensure that there is a secure dialogue between the different confidants.
Companies with 50 to 249 employees still have until 17 December 2023 to put in place such a system.
EU Directive
The EU called on all Member States to transpose the European Whistleblowing Directive from 2019 into national law by 17 December 2021. The Belgian law goes a step further than European regulations, as the need for the whistleblower to prove their intention has been dropped.
Employees in Belgium can also report tax and social fraud (which is not set out in the EU directive), as well as breaches relating to public procurement, financial services, money laundering prevention, public health, and data protection.
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The Federal Ombudsman mediation service will also establish its own external channel for any whistleblowers dissatisfied with their company's internal response. Whistleblowing can be anonymous in this case and is also open to all former employees.
There are now three channels established by law for any potential whistleblowers (an external channel with the authorities and one for the press). Any company that attempts to sanction the whistleblower may be ordered to compensate the person concerned up to six months' salary, in addition to redundancy payments.
