Law no. 361/2022 on the protection of whistleblowers in the public interest | LegalFlash 95
Law no. 361/2022 on the protection of whistleblowers in the public interest | LegalFlash 95
Please find below a short update with respect to the obligations established under Law no. 361/2022 on the protection of whistleblowers in the public interest (the "Law").
- Subject matter of the Law
The Law transposes in the national framework the 2019/1937 EU Directive on "whistleblowing" and creates a regulatory framework for the individual that files a report or publicly discloses information related to violations of the law, obtained in a professional context.
The Law establishes therefore, among others, the obligation for the legal entities to identify or establish internal reporting channels and regulates the reporting procedure.
The Law establishes therefore, among others, the obligation for the legal entities to identify or establish internal reporting channels and regulates the reporting procedure.
- What are the main obligations of the entities concerned?
According to the provisions of the Law, the following obligations have been established for the concerned entities:
- the designation of an individual / department / third party (designated third party) with duties regarding the receipt, registration, examination, and settlement of reports.
- the implementation of internal channels for receiving reports.
- establishing internal reporting procedures.
- the obligation to provide information to the whistleblower regarding the status of the report.
- ensuring the confidentiality regarding the protection of the identity of the whistleblower, the person concerned, and the third parties referred to in the report.
- Compliance deadline for the obligations established for private law entities that have between 50 and 249 employees
Private law entities that have between 50 and 249 employees have the obligation to comply with the provisions established by the Law starting with December 17, 2023, while for the entities with more than 249 employees the obligations stated by the Law are in force starting with December 22, 2022.
BDO Romania and the law firm Tudor Andrei si Asociații can offer you the necessary support for the implementation of the above provisions and provide you with integrated services (i.e. hosting and implementing an internal channel for receiving reports, tracking the status of a report, maintaining a communication relationship with the warning about the reporting status, etc.).
Please let us know in case you need any further information on the above or our further support in the matter.
BDO Romania and the law firm Tudor Andrei si Asociații can offer you the necessary support for the implementation of the above provisions and provide you with integrated services (i.e. hosting and implementing an internal channel for receiving reports, tracking the status of a report, maintaining a communication relationship with the warning about the reporting status, etc.).
Please let us know in case you need any further information on the above or our further support in the matter.