The European Directive on the protection of persons who report breaches of Union law

April 2nd 2020. On November 26, the Directive (EU) 2019/1937, of the European Parliament and of the Council, of October 23rd, on the protection of persons who report breaches of Union Law, was published in the Official Journal of the European Union; States shall transpose it by 17 December 2021 at the latest -with the exception of a moratorium on the application of some of its provisions. States may go beyond the minimum provisions required by the Directive.

The publication in the Official Journal of the European Union goes in parallel with the procedure in the Catalan Parliament of the Proposal for a Law on the integral protection of persons who report in the Generalitat's (Catalan Government) scope. The Spanish Parliament is also currently processing three legislative initiatives in this area.

The Anti-Fraud Office of Catalonia Action and Internal Regulations, approved in 2009, already provide two immediate measures for the protection of reporting persons. On the one hand, the identity protection of the person who reports is regulated and, and on the other, the Office shall provide assistance and advice to the whistleblower who acts in good faith (who will be able to remain anonymous in the actions carried out by the Office).

Since 2009, the Anti-Fraud Office has been working on issues related to the protection of whistleblowers and working in various parliamentary commissions where protection measures have been proposed, as well as emphasizing the need for comprehensive regulation on this matter.

The Legislation and Legal Affairs Area of the Anti-Fraud Office of Catalonia has developed the “Quick reference guide on the Directive (UE) 2019/1937 of the European Parliament and of the Council of 23 October 2019, on the protection of persons who report breaches of Union law” with the aim to inform on an issue of current interest and which is closely followed by the Institution, especially in relation to the role of the competent authorities in the institutional system for the protection of reporting persons. A topic that is of special interest and significance, as whistleblowers are a key element in the fight against fraud and corruption. For this reason, Anti-Fraud has developed a series of documents that could facilitate the analysis of the Directive in Catalonia and that aims to disseminate aspects related to the protection of whistleblowers.

The quick guide is drawn up in three languages to facilitate dissemination -Catalan, Spanish and English- and is divided into seven areas:

• 1. Some general questions: transposition and transitional period
• 2. On the scope and the conditions for protection. Possibility of Member States to extend the protection granted by the Directive
• 3. Anonymous reporting
• 4. Internal and external reporting. Definition and applicable provisions to both types of reporting
• 5. Reporting channels (internal and external) and reports (internal and external)
• 6. Public disclosure
• 7. Protection measures

Links to the guide in the various languages

— Guia ràpida sobre la Directiva (UE) 2019/1937 del Parlament Europeu i del Consell, de 23 d’octubre, relativa a la protecció de les persones que informin sobre infraccions del Dret de la Unió

— Guía rápida sobre la Directiva (UE) 2019/1937 del Parlamento Europeo y del Consejo, de 23 de octubre de 2019, relativa a la protección de las personas que informen sobre infracciones del Derecho de la Unión

— Quick reference guide on the Directive (UE) 2019/1937 of the European Parliament and of the Council of 23 October 2019, on the protection of persons who report breaches of Union law