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ILLUM 21 November 2021

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Protection of the Whistleblower Act Greater protection to employees at the workplace – Minister Zammit Lewis Chapter 527 of the Laws of Malta will be amended to transpose the Directive of the European Union 2019/1937 This shall further enhance the enforcement of Union law and policies in specific areas by laying down common minimum standards providing for a high level of protection of persons working in the private or public sector who acquired information on illegal practices, abusive behaviour and breaches of EU law. These amendments will continue to prohibit any form of retaliation against persons and the identity of the reporting person will not be disclosed to anyone beyond the authorized sta• members. The Bill extends protection to not only the whistleblower, but also to the; Facilitator, a natural person who assists a reporting person in the reporting process Shareholder, persons belonging to the administrative, management or supervisory body of an undertaking, including non-executive members Employees, all individuals that currently are within an employer-employee relationship, including those potential employees that are still in the recruitment process and those that have terminated their employment. The Directive adds another layer of reporting Internal Disclosure to the whistleblower reporting o†cer External Disclosure to one of the competent authorities outlined by law. Public Disclosure: This Directive gives the whistle blower the right to forego the initial two stages and disclose information and make it available to the public if there is a risk of retaliation from External Disclosure or an imminent danger to the public interest. Record keeping Legal entities in the private and public sector and competent authorities are now under the obligation to keep records of every filed report received, in compliance with the confidentiality and reporting requirements. For general queries: whistleblower.helpmail@gov.mt For general information: www.whistleblower.gov.mt

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