A new French whistleblower law, transposed from the EU Whistleblower Directive, significantly expands the scope of who can be a whistleblower, alters the reporting process, and increases the penalties for any violation. HR Policy Global members can access a recording and the presentation of a webinar discussing these changes here.
Natacha Lesellier and Joël Grangé from Flichy Grangé Avocats discussed these critical changes and encourage members who operate in France and Europe to review their existing whistleblower policies and practices, as all EU countries will adopt similar laws by the end of the year.
Background: The new law, which will go into effect in September, updates a previous law based on the EU Whistleblower Directive. It covers all violations of French and EU law and regulations, includes workplace-related grievances, and allows anonymous whistleblowing reports. Additionally, companies employing more than 50 workers are required to implement a whistleblowing policy after consultation with their works council.
Who is protected under the new law? Employees, job applicants, shareholders, officers, business partners, and subcontractors are all eligible to file complaints.
Contrary to the previous iteration of the law, it will not be necessary to have personal knowledge of alleged wrongdoing to file a complaint as long as the information is obtained via a professional relationship, and events that have not occurred but are highly likely to occur can be reported.
Changes to reporting process:
- Previously, whistleblowers had to utilize established internal channels first before going for external help. The new law allows individuals to report externally, with or without a prior internal report, to specific authorities or courts at the French or EU level and report publicly in certain cases set out by the law.
- Confidentiality is required not only for the identity of the whistleblower and that of the concerned person in the report, but also for “any third party mentioned in the report.” Employers might face severe penalties if they disclose such identities without consent.
- Once a report is filed, companies are obligated to respond in seven days with a confirmation of receipt and 30 days to provide an update or a solution.
Whistleblower protections: The new law prohibits retaliation against whistleblowers, including discrimination at work, disciplinary actions, intimidation, and harassment, among others. Employers need to prove that any negative measure against a whistleblower is not linked in any way to the reporting. Interference with a report submission may be punishable by up to one year of imprisonment and a heavy fine.
Outlook: Lesellier advised members that the law will be benchmarked by other EU countries as all EU members will likely publish their own whistleblower laws in the near future.
