Amendments to the Protection of the Whistleblower Act come into force
Amendments to the Protection of the Whistleblower Act come into force
By virtue of L.N. 500 of 2021, the Protection of the Whistleblower (Amendment) Act, 2021 was brought into force on 24th December 2021.
The purpose of the amendment is to transpose Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law, also referred to as the Whistleblower Protection Directive. Malta has therefore transposed and enforced the amendments brought about by the Directive.
What Does This Mean?
Private organisations employing fifty (50) or more workers will be obliged to have in place internal reporting channels for the protection of whistleblowers. This effectively means that such operators must implement secure and confidential internal reporting channels, including a dedicated and independent Whistleblower Reporting Officer or Unit, to receive and follow up on reports concerning breaches of EU law.
All workers within the organisation are to be fully aware of the internal reporting mechanisms in place. Furthermore, the Whistleblowing Reporting Officer/Unit is to be sufficiently trained on handling such reports in a confidential manner and keeping whistleblowers informed throughout the process.
Establishing the required user-friendly and secure reporting channels requires professional training and the development of written as well as practical whistleblowing policies and procedures, easily accessible and understandable by all workers, suppliers and business partners. For an in depth understanding of the legislative amendments brought into effect, please click here.
Our Whistleblower Protection services for You
BDO Malta can assist organizations with the following services:
- development of internal reporting whistleblowing channels;
- development of a tailored risk management framework;
- outsourcing of the whistleblower protection investigating unit; and
- provision of whistleblower protection training.
In the course of developing a tailored organisational framework, BDO will hold discussions with the organisation to ensure the internal mechanisms in place reflect the internal processes, values and set up.