Whistleblower Protection Law

The law protecting whistle-blowers, implementing the European directive was definitively adopted on 16 February 2022.

This law expands on the provisions of the so-called “Sapin 2” law, which defined the status of a whistle-blower, and extends protections beyond those provided by the directive.

The following key changes should be noted:

1. Broadening the definition of whistle-blower

From now on, a whistle-blower is defined as a natural person who reports or discloses, in good faith and without direct financial compensation, information concerning a crime, an offence, a threat or a prejudice to the general interest.

It should be noted that the new law removes two elements: (i) the requirement of the “serious and manifest” nature of the report and (ii) the need for the whistle-blower to have personal knowledge of the facts reported.

2. The end of the hierarchy of internal and external reporting channels

From now on, the whistle-blower is no longer required to begin with an internal report, but can choose between an internal or external direct alert.

However, public disclosures are reserved for information directly brought to the knowledge of the public.

Companies have the challenge of setting up an efficient internal procedure, in order to limit the use of external channels and public disclosure.

3. The Internal procedure for collecting and processing alerts

Companies employing at least 50 employees continue to be required to set up an internal procedure for collecting reports. The law further specifies that this is also a processing procedure, and that the social and economic committee must be consulted before this procedure is set up. A decree is expected to specify the rules concerning the time limits for receiving and returning information.

For groups of companies employing more than 250 employees, the procedure may be centralised at the group level.

4. The Strengthened protective measures

Discrimination related to whistleblowing is prohibited. The list of such discriminations is reinforced, as well as the creation of a list of reprisals from which the whistle-blower could suffer, regardless of his status, and the prohibition of threats or attempts to resort to such reprisals.

Those surrounding a whistle-blower, such as facilitators, natural persons and non-profit legal entities, are also protected.

Finally, the implementation of civil non-liability for whistle-blowers, as well as the reinforcement of criminal non-liability, are expected.

The internal regulations will also need to be revised to include this protection mechanism.

The law is currently being reviewed by the French Constitutional Council. It is expected to be implemented on 1 August 2022.

We remain available for any questions.