EU Directive 2019/1937
The three-stage
The three-stage
reporting system
EU Directive 2019/1937 requires the establishment of internal and external (i.e. official) reporting systems.
Whistleblowers must also adhere to this three-stage procedure.
Whistleblowers must also adhere to this three-stage procedure.
01
internal
reporting channel
reporting channel
- Possibility to report perceived grievances to the employer.
- Confidential, sanction-free.
- Confirmation of receipt: Feedback must be provided within one week, with information on the investigation and follow-up measures.
02
external
reporting channel
reporting channel
- Article 11: Member States are obliged to provide external reporting channels and to ensure that follow-up measures are taken.
- Authorities without jurisdiction may not take any further action. They must forward the report to the competent authority and inform the whistleblower.
03
Disclosure
- Disclosure is only possible if both reporting channels fail and if there is a recognizable public interest.
- The reporting party is entitled to go public with his or her information.
One reporting system - different areas
Protected legal areas
The reporting system must be used if violations, unlawful acts or abuse of rights in relation to Union law are identified.
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01Public procurement
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02Consumer protection
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03Data protection
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04Employee protection
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05Product, transport and food safety
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06Public health
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07Financial interests of the Union (tax law)
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08Internal market, in particular violations of state aid and competition law (antitrust law)