Transposition of EU Directive on Whistleblowing

Belgium - Transposition of the EU Directive on Whistleblowing

December 16, 2019
In progress
Sep 2020

Belgium: Federal Government expresses commitment to a timely transposition of the EU Directive on Whistleblowing September 30, 2020

The federal government of Belgium has, in its Coalition Agreement, expressed a commitment to a timely transposition of the Directive on Whistleblowing. While the report does not contain any further details on how the Directive will be implemented, it does reference the protection of civil servants reporting breaches in good faith (see page 77). It will be important for Belgium to transpose the Directive to protect a wider range of reporting persons beyond civil servants as required (see Article 4.) It shall also be noted that good faith was specifically avoided in the drafting of the Directive and that Recital 32 explicitly states that the motives of a whistleblower should not be relevant as a condition for protection. The government has tendered to hire someone to conduct a consultation process. The results of the tender are not yet known. Given the COVID-19 crisis and the national implications of Brexit, further progress on transposition in Belgium is not expected until the beginning of 2021.