What is the Whistleblower Protection Act?

The Whistleblowers Protection Act in the Netherlands is designed to protect employees who report social wrongdoing, misconduct, illegal activities or unethical behavior within their organizations. The law is designed to create a safe environment in which employees can make a report without fear of harm, such as dismissal, discrimination or harassment. The Whistleblower Protection Act currently applies to employers with more than 50 employees.

Key parts of the law

Key aspects of the Whistleblower Protection Act include:

• Prohibition against disadvantage: employees who report misconduct are protected from any form of disadvantage by their employer, such as dismissal, demotion or unfair treatment. This is to ensure that whistleblowers can report wrongdoing safely and without fear of negative consequences.
• Reversal of the burden of proof: the employer must prove that no harm occurred.
• Confidential hotline: the law requires organizations to appoint a confidential contact person and establish a clear, confidential reporting procedure where employees can report wrongdoing.
• Scope of reportable wrongdoing: the law covers a wide range of wrongdoing, including violations of laws, regulations, safety violations, environmental damage, fraud, corruption or other unethical practices that may harm the public or the organization.

Is a confidential advisor required under the Whistleblower Protection Act?

Yes, according to the Whistleblowers Protection Act in the Netherlands, organizations with more than 50 employees are required to have a confidential advisor, or at least a hotline, for employees who wish to report wrongdoing, such as violations of laws and regulations, unethical behavior or serious misconduct within the organization. This can be an internal or an external confidant. In short, while the Whistleblower Protection Act does not specifically prescribe the role of a confidant, it does require organizations to have a secure, confidential reporting point, which often means appointing a confidant to ensure compliance with the law and protect employees who make reports.