On December 3, 2024, Standing Committee on the Interior of the House of Representatives held a debate with Minister Uitermark (of NSC) on the status of the Whistleblower Protection Act. We were particularly curious when employers will be required to set up anonymous reporting channels and what that will look like.
More than two years ago, in December 2022, the House of Representatives unanimously passed the Whistleblower Protection Act (WPA). At the time, the government bill was amended in two important ways. The House of Representatives passed an amendment requiring employers to establish anonymous reporting channels. In addition, the Dutch Whistleblowers Authority was given a supervisory role and the power to impose sanctions. More on this in this article. The WPA entered into force in February 2023, with the exception of these two amendments. Indeed, according to the minister, this was not necessary to comply with the EU directive protecting whistleblowers. She wanted to study its elaboration a little longer. She also felt that this required additional laws and regulations.
At the time, fears were expressed that delay might mean abandonment. The minister indicated that there would be none of that. We are now two years down the road. Regarding anonymous reporting channels, an Internet consultation was launched in April 2024 on a draft Order in Council. The deadline for this consultation was postponed several times but it finally closed on Sept. 1, 2024. Because the deadline was postponed, we did have the opportunity to submit as many as two responses. Since then, however, silence has reigned again around this issue.
During the debate on Dec. 3, the minister emphasized again that an employer can also choose to appoint an external officer to follow up on (anonymous) reports. We appreciate that. She further indicated that the draft Order in Council regarding anonymous reporting is there, but that she is considering what to do next. In fact, the anonymous reporting procedure must meet the same requirements as the regular reporting procedure. In our opinion, this can only be achieved through the use of specialized software. However, according to the minister, certain software is deliberately not being mandated in order to keep the financial burden on employers limited. The minister wants to ensure that anonymous reporting is introduced carefully, but that it also remains feasible for employers.
We therefore like to bring to your attention once again that this kind of software is not expensive at all these days. And that costs can be further reduced by offering a joint facility in an industry or umbrella context, such as the one we have set up with Adfiz.
Meanwhile, we are working on several similar initiatives. As far as we are concerned, the obligation to establish anonymous reporting channels may therefore take effect soon.
We also developed a new, low-cost subscription service for small organizations, which the first customers are now using. Want to know how to set this up in a cost-effective way? If so, please contact us.
