Netherlands Whistleblowers (Safe Haven) Act

Safe Haven for Whistleblowers

The Whistleblowers (Safe Haven) Act (the Act) will provide for a number of measures concerning employees who report instances of wrongdoing to their employers. The Act also introduces the House for Whistleblowers (Huis voor Klokkenluiders; "the House"), which will be part of the National Ombudsman and handle reports from the private sector as well as the public sector. The House will provide advice and will have the power to start investigations, at an employee's request, into the reported wrongdoing at the employer's organisation. The House can call in the assistance of existing organisations, peer advisors and lay experts. The House will publish an annual report of its activities, stating which investigations it launched and completed and the course of events following its recommendations.

The presumption under the Act is that an employee first reports suspected wrongdoing to the employer. Only if this report does not have the desired result or the employer fails to act upon the report can the employee decide to go to the House for external disclosure.

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