How to navigate varied interpretations of the whistleblowing directive

Organisations aim for transparency and compliance with whistleblowing laws. However, these objectives often conflict. Strict adherence to whistleblowing regulations can lead to legal jargon, complex procedures, and scope restrictions, especially in an international context.

Historical context

Privacy, compliance, and whistleblowing laws have been historically volatile and hard to interpret, filled with local deviations. While European privacy laws may dictate one thing, local whistleblowing laws might say another. Companies strive to comply with these laws and create safe environments for employees. The focus should be on protecting people—those whom these laws are meant to serve.

Before the General Data Protection Regulation (GDPR), international companies found it nearly impossible to fully comply with privacy rules while implementing international whistleblowing schemes. Each European country had different rules, opinions, and interpretations. The GDPR did not detail whistleblowing schemes but allowed companies to lean on its principles, reducing the need to comply with every local deviation. This shift enabled a focus on fostering healthy, open cultures within companies.

The EU whistleblowing directive

In 2019, the EU whistleblowing directive sought to establish another overarching framework for whistleblowing. This should, in theory, simplify compliance. However, local interpretations and deviations have emerged, causing international organisations to compromise their internal SpeakUp safety nets.

Balancing privacy and transparency

Where once the balance was between privacy and transparency, the current struggle lies between complying with the EU Whistleblowing Directive and maintaining an internal SpeakUp culture. Both aim to create early transparency to detect ethical wrongdoing. Ultimately, the best whistleblower protection is preventing the need for whistleblowing in the first place.

Putting people first

Companies should prioritise people, ensuring a safe environment where everyone feels empowered to speak up. While complying with laws and regulations is crucial, it should not overshadow the importance of protecting employees. Compliance should not override the creation of policies meant to protect the very people these laws are designed for. Transparency and openness are key to stopping wrongdoing and fostering a healthy SpeakUp culture.