On Feb. 18, 2023, the Whistleblower Protection Act went into effect for organizations with more than 250 employees and on Dec. 17, next, for all organizations over 50 employees. In addition, the law applies to all entities covered by financial or anti-money laundering legislation. However, two important provisions have been postponed until further notice, namely the requirement for anonymous reporting procedures and the sanctioning powers given to the House of Whistleblowers. Recently, the Interior Minister outlined a timetable for entry into force.
A draft for anonymous reporting will be published after the summer of 2023, followed by an Internet consultation. Publication of the Order in Council could then take place in mid-2024. In the meantime, of course, it remains possible to deal with anonymous reports, but according to the minister, organizations are not yet legally required to do so.
We see the provision of anonymous reporting channels as a good practice that can remove an important barrier to reporting. Many organizations have had experience with this for more than 15 years, so we don’t see the problem. Also, you don’t like to roll out a procedure in the next few months, which you then have to change again in mid-2024 because it will only then become mandatory to offer anonymous reporting channels.
For the monitoring and sanctioning task for the House of Whistleblowers, a preliminary legal investigation will first take place in the June-September period. A contract was awarded to the firm Pro Facto for this purpose. The minister expressed no further expectation about the timing of the follow-up process. Let’s hope it doesn’t get shelved.
No new organizations will be established for financial, legal and psychosocial support for whistleblowers. According to the minister, the House for Whistleblowers, the Legal Aid Council and Victim Support Netherlands can fulfill these roles. Legal aid does require an additional subsidy scheme and the minister aims for it to come into effect in October 2023. The remaining funds will come from the Interior Ministry budget.
A bill is expected to be submitted for consultation in the first half of 2024 following the evaluation of the previous House of Whistleblowers Act.
Of course, since the minister is now outgoing, it remains to be seen whether this will all happen.
