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#2022-401Law No. 2022-401 of March 21, 2022, to Improve the Protection of Whistleblowers

🇫🇷France··Other·High Impact·View source ↗

AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.

🇬🇧 English

The law aims to enhance the protection of whistleblowers in France by clarifying their rights and the processes for reporting misconduct without fear of retaliation. It defines who qualifies as a whistleblower, the types of protections they receive, and stipulates the consequences for those who may retaliate against them. The law also establishes procedures for internal reporting and sets guidelines for external disclosures to appropriate authorities.

AI-generated summary. May contain errors. Refer to official sources for legal decisions.

Key Changes

  • Introduction of clearer definitions of whistleblowers and facilitators.
  • Expansion of protections against retaliation for whistleblowers.
  • Establishment of specific reporting procedures for various organizations.

Obligations

What this law requires

high

Establish an internal whistleblower reporting procedure after consulting social dialogue bodies, according to conditions set by executive decree

Public entities employing 50+ agents (excluding communes under 10,000 residents), State administrations, private entities employing 50+ employees, and entities covered by EU Directive 2019/1937
operational
high

Define guarantees of independence and impartiality for internal reporting procedures and establish response timelines for reporting authors, as specified in EU Directive 2019/1937

Government bodies issuing implementing decrees and covered organizations
operational
high

Provide feedback to internal or external reporting authors about their whistleblower disclosures, except when reports are submitted anonymously

Organizations with internal whistleblower procedures
reporting
high

Refrain from retaliatory measures against whistleblowers, facilitators of whistleblowers, persons associated with whistleblowers, or entities controlled by whistleblowers

All employers, clients, service recipients, and organizations
prohibition
high

Ensure protection for whistleblowers who make internal reports, external reports to authorities, or public disclosures when conditions specified in Article 8 are met

All organizations receiving whistleblower reports
operational

Affected Parties

whistleblowersorganizations and employers

Tags

whistleblower protection,legal reform,France