This article is to analyse the Act of 28 November 2022 on the protection of persons who report violations of Union or national law found within a legal entity in the private sector, which was adopted by the Belgian Chamber of Representatives and which applies to employers since 15 February 2023. Parallels are drawn with the federal public sector legislation where considered relevant, but the article does not have the intention to provide a detailed analysis of it.
The analysis mainly deals with the objectives of the law, scope of application, the conditions for whistleblower protection, internal reporting, external reporting, public disclosure, confidentiality, protective measures and sanctions. In doing so, Gautier’s analysis follows the structure of the law, which itself is modelled on the Directive. This allows for a systematic assessment of the extent to which the law faithfully transposes, exceeds, or falls short of the provisions of the EU Directive. Read More