04/23: article by M. Fernandez-Bertier on the Belgian law on the protection of whistleblowers
Since 15 February 2023, Belgian legal entities operating in the private sector counting 250+ workers and those active in the financial sector are required to implement internal whistleblowing channels and procedures and to protect whistleblowers from any form of retaliation. These new obligations, which will apply to all private legal entities counting 50+ workers as from 17 December 2023, also bear important implications on labor law, privacy and data protection aspects.
In his latest article, to be published in the Belgian insurance bulletin (bulletin des assurances), Mr. Fernandez-Bertier first discusses the main provisions of the Act of 28 November 2022 on the protection of persons reporting of breaches of Union or national law established within a legal entity in the private sector (the Belgian Whistleblower Protection Act). He then provides practical guidance on how to implement the new obligations imposed on private legal entities counting 50+ workers, including but not limited to choosing the right whistleblowing channels, drafting and implementing internal reporting procedures, appointing a whistleblower officer, receiving, managing and investigating internal reports, and protecting whistleblowers, all whilst taking the group and transnational dimension of such entities into consideration.