82 Amendments of Geoffroy DIDIER related to 2018/0106(COD)
Amendment 33 #
Proposal for a directive
Recital 5
Recital 5
(5) Accordingly, common minimum standards ensuring effective whistleblower protection should apply in those acts and policy areas where i) there is a need to strengthen enforcement; ii) under-reporting by whistleblowers is a key factor affecting enforcement, and iii) breaches of Union law cause serious harm to the public interest. In keeping with all these statements, whistleblower protection must ensure the reputation of companies is upheld, particularly if the subject of the report has not yet been proven.
Amendment 69 #
Proposal for a directive
Recital 41 a (new)
Recital 41 a (new)
(41 a) Generally speaking, and for all those activities and companies covered by this Directive, external and internal reporting channels should be coordinated effectively so as to cover as many situations as possible.
Amendment 73 #
Proposal for a directive
Recital 44 a (new)
Recital 44 a (new)
(44 a) The confidentiality of the reporting person and anyone involved must be ensured so that the reporting process runs as smoothly as possible without any impediment, and so that self- censorship is avoided. Indeed, the protection of personal data is laid down in Union law and in national law, and said data requires all the more protection in the event of reporting.
Amendment 76 #
Proposal for a directive
Recital 1
Recital 1
(1) Persons who work for an organisation or are in contact with it in the context of their work-related activities are often the first to know about threats or harm to the public interest which arise in this context. By ‘blowing the whistle’ they may play a key role in exposing and preventing breaches of the law and in safeguarding the welfare of society. However, potential whistleblowers are oftensometimes discouraged from reporting their concerns or suspicions for fear of retaliation.
Amendment 81 #
Proposal for a directive
Recital 3
Recital 3
(3) In certain policy areas, breaches of Union law may cause serious harm to the public interest, in the sense of creating significant risks for the welfare of society. Where weaknesses of enforcement have been identified in those areas, and whistleblowers are in a privileged position to disclose breaches, it is necessary to enhance enforcement by ensuring effective protection of whistleblowers from retaliation and introducingestablishing a system of gradually escalating disclosure which uses a series of effective reporting channels.
Amendment 93 #
Proposal for a directive
Recital 31
Recital 31
(31) Retaliation expresses the close (cause and effect) relationship that must exist between the report and the adverse treatment suffered, directly or indirectly, by the reporting person, so that this person can enjoy legal protection. Effective protection of reporting persons as a means of enhancing the enforcement of Union law requires a broad definition of retaliation, encompassing any act or omission occurring in the work-related context which causes them detriment. Reporting persons should generally respect the hierarchy of reporting channels. Such a requirement is necessary to ensure that information reaches those who can contribute to a quick and efficient resolution of risks to the public interest, as well as to prevent any unjustified harm to reputation, resulting from public disclosure.
Amendment 105 #
Proposal for a directive
Recital 14
Recital 14
(14) The protection of privacy and personal data is another area where whistleblowers are in a privileged positionmay help to disclose breaches of Union law which can seriously harm the public interest. Similar considerations apply for breaches of the Directive on the security of network and information systems45, which introduces notification of incidents (including those that do not compromise personal data) and security requirements for entities providing essential services across many sectors (e.g. energy, health, transport, banking, etc.) and providers of key digital services (e.g. cloud computing services). Whistleblowers' reporting in this area is particularly valuable to prevent security incidents that would affect key economic and social activities and widely used digital services. It helps ensuring the continuity of services which are essential for the functioning of the internal market and the wellbeing of society. _________________ 45 Directive (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union.
Amendment 107 #
(15) Reporting by whistleblowers is necessary to enhance the detection and prevention of infringements of Union competition law. This would serve to protect the efficient functioning of markets in the Union, allow a level playing field for business and deliver benefits to consumers. The protection of whistleblowers wouldmight enhance Union competition law enforcement, including State aid. As regards competition rules applying to undertakings, the importance of insider reporting in detecting competition law infringements has already been recognised in the EU leniency policy as well as with the recent introduction of an anonymous whistleblower tool by the European Commission46. The introduction of whistleblower protection at Member State level would increase the ability of the European Commission as well as the competent authorities in the Member States to detect and bring to an end infringements of Union competition law. With respect to State aid, whistleblowers can play a significant role in reporting unlawfully granted aid and informing when aid is misused, both at national, regional and local levels. _________________ 46 Commission Notice on Immunity from fines and reduction of fines in cartel cases (OJ C 298/17, 8.12.2006); rhttp://europa.eu/rapid/press-release IP-17- 591_fr.htm
Amendment 115 #
Proposal for a directive
Recital 22
Recital 22
(22) Persons who report information about serious threats or harm to the public interest obtained in the context of their work- related activities make use of their right to freedom of expression. The right to freedom of expression, enshrined in Article 11 of the Charter of Fundamental Rights of the European Union (‘the Charter’) and in Article 10 of the European Convention on Human Rights (ECHR), encompasses media freedom and pluralism.
Amendment 135 #
Proposal for a directive
Recital 29
Recital 29
(29) Effective detection and prevention of serious harm to the public interest requires that the information reported which qualifies for protection covers not only unlawful activities but also abuse of law, namely acts or omissions which do not appear to be unlawful in formal ts, because any person abuses his rights who, among various ways of exercising his rights, deliberately opts for the one that is most damaging to otherms butand defeats the object or the purpose of the law.
Amendment 140 #
Proposal for a directive
Recital 30
Recital 30
(30) Effective prevention of breaches of Union law requires that protection is also granted to persons who provide information about potential breaches, which have not yet materialised, but areare very likely to be committed. For the same reasons, protection is warranted also for persons who do not provide positive evidence but raise reasonable concerns or suspicions. At the same time, protection should not apply to the reporting of information which is already in the public domain or of unsubstantiated rumours and hearsay.
Amendment 142 #
Proposal for a directive
Recital 31
Recital 31
(31) Retaliation expresses the close (cause and effect) relationship that must exist between the report and the adverse treatment suffered, directly or indirectly, by the reporting person, so that this person can enjoy legal protection. Effective protection of reporting persons as a means of enhancing the enforcement of Union law requires a broad definition of retaliation, encompassing any act or omission occurring in the work-related context which causes them detriment. Whistleblowers are generally required to use the appropriate channels under a system of gradually escalating disclosure. This requirement is necessary to ensure that the information reaches people who can help to quickly and effectively eliminate risks to the public interest, as well as to prevent unjustified damage to a reputation due to public disclosure.
Amendment 147 #
Proposal for a directive
Recital 32
Recital 32
(32) Protection from retaliation as a means of safeguarding freedom of expression and media freedom should be provided both to persons who report information about acts or omissions within an organisation (internal reporting) or to an outside authority (external reporting) and to persons who disclose such information to the public domain (for instance, directly to the public via web platforms or social media, or to the media, elected officials, civil society organisations, trade unions or professional/business organisations), abiding by the successive stages of escalating disclosure.
Amendment 149 #
Proposal for a directive
Recital 33
Recital 33
(33) Whistleblowers are, in particular, important sources for investigative journalists. Providing effective protection to whistleblowers from retaliation increases the legal certainty of (potential) whistleblowers and thereby encourages and facilitates whistleblowing also to the media when it is justified. In this respect, protection of whistleblowers as journalistic sources is crucial for safeguarding the ‘watchdog’ role of investigative journalism in democratic societies.
Amendment 160 #
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. With a view to enhancing the enforcement of Union law and policies in specific areas, this Directive lays down common minimum standards for the protection of persons reporting on the following unlawful activities or abuse of law which cause threats or serious harm to the following public interest:
Amendment 167 #
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
Directive 2018/0106
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3 a. The reporting procedure ought to be scaled in some way so as to ensure measures designed to protect whistleblowers are balanced.
Amendment 169 #
Proposal for a directive
Recital 46
Recital 46
(46) In the context of internal reporting, the quality and transparency of information provided on the follow up procedure to the report is crucial to build trust in the effectiveness of the overall system of whistleblower protection and reduces the likelihood of further unnecessary reports or public disclosures. The reporting person should be informed within a reasonable timeframe about the action envisaged or taken as follow up to the report (for instance, closure based on lack of sufficient evidence or other grounds, launch of an internal enquiry and possibly its findings and/or measures taken to address the issue raised, referral to a competent authority for further investigation) as far as such information would not prejudice the enquiry or investigation or affect the rights of the concerned person. Such reasonable timeframe should not exceed in total three months, but could be extended to six months where necessary due to the specific circumstances of the case, in particular the nature and complexity of the subject of the whistleblowing, which may require a lengthy investigation. Where the appropriate follow up is still being determined, the reporting person should be informed about this and about any further feedback he/she should expect.
Amendment 176 #
Proposal for a directive
Recital 54
Recital 54
(54) Persons intending to report should be able to make an informed decision on whether, how and when to report. Competent authorities should therefore publicly disclose and make easily accessible information about the available reporting channels, in circumstances where outside whistleblowing is possible, with competent authorities, about the applicable procedures and about the dedicated staff members within these authorities. All information regarding reports should be transparent, easily understandable and reliable in order to promote and not deter reporting.
Amendment 181 #
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2 a. This Directive shall not infringe military secrecy, medical secrecy and lawyer-client privilege.
Amendment 183 #
Proposal for a directive
Recital 60
Recital 60
(60) To enjoy protection, the reporting persons should reasonably believe, in light of the circumstances and the information available to them at the time of the reporting, that the matters reported by them are true. This reasonable belief should be presumed unless and until proven otherwise. This is an essential safeguard against malicious and frivolous or abusive reports, ensuring that those who deliberately and knowingly report wrong or misleading information do not enjoy protection. At the same time, it ensures that protection is not lost where the reporting person made an inaccurate report in honest error. In a similar vein, reporting persons should be entitled to protection under this Directive if they have reasonable grounds to believe that the information reported falls within its scope.
Amendment 183 #
Proposal for a directive
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. This Directive shall apply to reporting persons workingacting in good faith in the private or public sector who acquired information on breaches in a work-related context including, at least, the following:
Amendment 186 #
Proposal for a directive
Recital 61
Recital 61
(61) The requirement of a tiered use of reporting channels, as a general rule, is necessary to ensure that the information gets to the persons who can contribute to the early and effective resolution of risks to the public interest as well as to prevent unjustified reputational damage from public disclosure. At the same time, some exceptions to its application are necessary, allowing the reporting person to choose the most appropriate channel depending on the individual circumstances of the casrules applicable. Moreover, it is necessary to protect public disclosures taking into account democratic principles such as transparency and accountability, and fundamental rights such as freedom of expression and media freedom, whilst balancing the legitimate interest of employers to manage their organiprotect the reputation of their organisation against malicious disclosures and unfounded accusations and to protect their interests with the interest of the public to be protected from harm, in line with the criteria developed in the case-law of the European Court of Human Rights57. _________________ 57 One of the criteria for determining whether retaliation against whistleblowers making public disclosures interferes with freedom of expression in a way which is not necessary in a democratic society, is whether the persons who made the disclosure had at their disposal alternative channels for making the disclosure;
Amendment 194 #
Proposal for a directive
Recital 64
Recital 64
(64) Persons making a public disclosure directly should also qualify for protection in cases where a breach remains unaddressed (for example, it was not properly assessed or investigated or no remedial action was taken) despite having been reported internally and/or externally following a tiered use of available channels; or in cases where reporting persons have valid reasons to believe that there is collusion between the perpetrator of the breach and the competent authority is reasonably suspected , that evidence may be concealed or destroyed, or that the effectiveness of investigative actions by competent authorities might be jeopardised; or in cases of imminent and manifest danger for the public interest, or where there is a risk of irreversible damage, including, inter alia, harm to physical integrity.
Amendment 204 #
Proposal for a directive
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘breaches’ means actual or potential unlawful activitiesunlawful activities which are actual or very likely to occur, or abuse of law relating to the Union acts and areas falling within the scope referred to in Article 1 and in the Annex;
Amendment 205 #
Proposal for a directive
Recital 74
Recital 74
(74) Action taken against reporting persons outside the work-related context, through proceedings, for instance, related to defamation, breach of copyright, trade secrets, confidentiality and personal data protection, can also pose a serious deterrent to whistleblowing. Directive (EU) 2016/943 of the European Parliament and of the Council58 exempts reporting persons from the civil redress measures, procedures and remedies it provides for, in case the alleged acquisition, use or disclosure of the trade secret was carried out for revealing misconduct, wrongdoing or illegal activity, provided that the respondent acted for the purpose of protecting the general public interest. Also in other proceedings, reporting persons should be able to rely on having made a report or disclosure in accordance with this Directive as a defence. In such cases, the person initiating the proceedings should carry the burden to prove any intent on the part of the reporting person to violate the law. _________________ 58 Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, p. 1).
Amendment 207 #
Proposal for a directive
Recital 76
Recital 76
(76) The rights of the concerned person should be protected in order to avoid reputational damages or other negative consequences. Furthermore, the rights of defence and access to remedies of the concerned person should be fully respected at every stage of the procedure following the report, in accordance with Articles 47 and 48 of the Charter of Fundamental Rights of the European Union. Member States should ensure the right of defenceprotect the confidentiality of the identity of the person concerned personand ensure the right of defence, including the right to access to the file, the right to be heard and the right to seek effective remedy against a decision concerning the concerned person under the applicable procedures set out in national law in the context of investigations or subsequent judicial proceedings.
Amendment 208 #
Proposal for a directive
Recital 77
Recital 77
(77) Any person who suffers prejudice, whether directly or indirectly, as a consequence of the reporting or disclosure of inaccurate or misleading information should retain the protection and the remedies available to him or her under the rules of general law. Where such inaccurate or misleading report or disclosure was made deliberately and knowingly, whistleblowers should not enjoy protection and the concerned persons should be entitled to compensation in accordance with national law.
Amendment 213 #
Proposal for a directive
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘report’ means the provision in good faith of information relating to a breach which has occurred or is likely to occur in the organisation at which the reporting person works or has worked or in another organisation with which he or she is or was in contact through his or her work;
Amendment 219 #
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. With a view to enhancing the enforcement of Union law and policies in specific areas, this Directive lays down common minimum standards for the protection of persons reporting on the following unlawful activities or abuse of law which seriously threaten or damage the general interest as follows:
Amendment 219 #
Proposal for a directive
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
(9) ‘reporting person’ means a natural or legal person who reports or discloses in good faith information on breaches acquired in the context of his or her work- related activities;
Amendment 222 #
Proposal for a directive
Article 15 – paragraph 5 a (new)
Article 15 – paragraph 5 a (new)
Directive 2018/0106
Article 15, paragraph 5 a (new)
Article 15, paragraph 5 a (new)
5 a. Where the legal proceedings instituted against the whistleblower are a clear consequence of their reporting and there is sufficient evidence that they have been initiated with abusive intent, the competent court shall sanction the applicant for abuse of procedure.
Amendment 223 #
Proposal for a directive
Article 15 – paragraph 5 b (new)
Article 15 – paragraph 5 b (new)
Directive 2018/0106
Article 15 paragraph 5 b (new)
Article 15 paragraph 5 b (new)
5 b. Similarly, the reputation of the company the reporting person is calling into question must be protected throughout the reporting procedure to ensure that any allegation that proves to be false does not have lasting consequences for the company concerned.
Amendment 244 #
Proposal for a directive
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
d) a reasonable timeframe, not exceeding three months following the report, to provide feedback to the reporting person about the follow-up to the report. This timeframe could if necessary be extended to six months due to the particular circumstances of the case, notably the nature and complexity of the reporting, which could require a lengthy investigation;
Amendment 247 #
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. This Directive shall be without prejudice to the protection of the confidentiality of national defence, medical confidentiality and the secrecy of relations between lawyers and their clients.
Amendment 251 #
Proposal for a directive
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. This Directive shall apply to reporting persons workingacting in good faith in the private or public sector who acquired information on breaches in a work-related context including, at least, the following:
Amendment 269 #
Proposal for a directive
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
b) they are designed, set up and operated in a manner that ensures the completeness, integrity and confidentiality of the information, including the identity of both the reporting person and the concerned person and prevents access to non-authorised staff members of the competent authority;
Amendment 277 #
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. However, this Directive should not affect the protection of legal and other professional privilege as provided for under national law.
Amendment 283 #
Proposal for a directive
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
1. ‘breaches’ means actual or potential unlawful activities or those that are very likely to be committed or abuse of law relating to the Union acts and areas falling within the scope referred to in Article 1 and in the Annex;
Amendment 283 #
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
c) the confidentiality regime applicable to reports, including a detailed description of the circumstances under which the confidential data of a reporting person and a concerned person may be disclosed.
Amendment 288 #
Proposal for a directive
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘breaches’ means actual or potentiallikely unlawful activities or abuse of law relating to the Union acts and areas falling within the scope referred to in Article 1 and in the Annex;
Amendment 295 #
Proposal for a directive
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘abuse of law’ means acts or omissions falling within the scope of Union law which do not appear to be unlawful in formal ta right’ is committed by any person who, among various ways of exercising his rights, deliberately opts for the one that is most damaging to otherms butand defeats the object or the purpose pursued byof the law applicable rules;.
Amendment 299 #
Proposal for a directive
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘report’ means the provision in good faith of information relating to a breach which has occurred or is likely to occur in the organisation at which the reporting person works or has worked or in another organisation with which he or she is or was in contact through his or her work;
Amendment 299 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – introductory part
Article 11 – paragraph 3 – subparagraph 1 – introductory part
Where a recorded telephone line is used for reporting, subject to the consent of the reporting person, the competent authority shall have the right to document the oral reporting in one of the following ways:
Amendment 302 #
Proposal for a directive
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘disclosure’ means making information on breaches acquired within the work-related context available to the public domain;Does not affect the English version.)
Amendment 302 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Where an unrecorded telephone line is used for reporting, the competent authority shall have the right to document the oral reporting in the form of accurate minutes of the conversation prepared by the dedicated staff members. The competent authority shall offer the possibility to the reporting person to check, rectify and agree with the minutes of the call by signing them.
Amendment 303 #
Proposal for a directive
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
9. ‘reporting person’ means a natural or legal person who reports or discloses information in good faith on breaches acquired in the context of his or her work- related activities;
Amendment 308 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A reporting person shall qualify for protection under this Directive provided he or she has reasonable grounds to believe that the information reported was true at the time of reporting, he or she has acted in good faith and that this information falls within the scope of this Directive.
Amendment 317 #
Proposal for a directive
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
13. ‘follow-up’ means any action taken by the recipient of the report, made internally or externally, to assess the accuracy of the allegations made in the report and their good faith and, where relevant, to address the breach reported, including actions such as internal enquiry, investigation, prosecution, action for recovery of funds and closure;
Amendment 328 #
Proposal for a directive
Article 13 – paragraph 4 – point a
Article 13 – paragraph 4 – point a
a) he or she first reported internally and/or externally in accordance with Chapters II and III and paragraph 2 of this Article, but no appropriate action was taken in response to the report within the timeframe referred to in Articles 6(2)(b) and 9(1)(b), and when there is a clear harm to the public interest; or
Amendment 335 #
Proposal for a directive
Article 13 – paragraph 4 – point b a (new)
Article 13 – paragraph 4 – point b a (new)
b a) Any failure to follow the adequate reporting procedures constitutes grounds for the invalidation of the reporting and for the denial of the qualification for protection
Amendment 357 #
Proposal for a directive
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
d) a reasonable timeframe, not exceeding three months following the report, but could be extended to six months, where necessary due to the specific circumstances of the case, in particular the nature and complexity of the subject of the report, which may require a lengthy investigation, to provide feedback to the reporting person about the follow-up to the report;
Amendment 358 #
Proposal for a directive
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
d) a reasonable timeframe, not exceeding three months or six months in duly justified cases following the report, to provide feedback to the reporting person about the follow-up to the report;
Amendment 363 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 – introductory part
Article 5 – paragraph 2 – subparagraph 1 – introductory part
The channels provided for in point (a) of paragraph 1 shall allow for reporting in all of the following ways:
Amendment 366 #
Proposal for a directive
Article 16 – paragraph 3 a (new)
Article 16 – paragraph 3 a (new)
3 a. The protection of the personal data of the concerned person is essential to avoid any unfair treatment or reputational harm following the public disclosure of personal data, in particular those revealing the identity of a concerned person. Consequently, the competent authorities should, in accordance with the requirements of Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, establish adequate procedures of data protection, in order to protect the reporting person, the concerned person as well as any other person targeted in the reporting. The authorities shall ensure a secured system among the competent authorities to allow the access to authorised persons only.
Amendment 367 #
Proposal for a directive
Article 16 – paragraph 3 b (new)
Article 16 – paragraph 3 b (new)
3 b. Any person affected by the reporting or the misleading or malicious disclosure should benefit from a legal protection, including the right to an effective remedy against an abusive reporting.
Amendment 372 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1 a (new)
Article 6 – paragraph 1 – subparagraph 1 a (new)
Member States shall create an information centre that the reporting person can contact in order to see whether their report comes under the Directive's scope and whether it concerns a serious threat or serious harm to the public interest, and so his or her suspicions may be assessed.
Amendment 373 #
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. The Member States are creating a new information centre, which the informant can contact in order to get help in evaluating his/her suspicion.
Amendment 374 #
Proposal for a directive
Article 17 – paragraph 1 – point d
Article 17 – paragraph 1 – point d
d) breach the duty of maintaining the confidentiality of the identity of reporting persons and concerned persons.
Amendment 388 #
Proposal for a directive
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
b) they are designed, set up and operated in a manner that ensures the completeness, integrity and confidentiality of the information, including the identity of the reporting person and the concerned individual, and prevents access to non- authorised staff members of the competent authority;
Amendment 394 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that competent authorities have staff members dedicated to handling reports. Dedicated staff members shall receive specific training for the purposes of handling reports. They shall analyse and interpret whether the report has serious implications for the public interest without prejudice to existing procedures in accordance with the Union acts listed in the annex (parts I and II).
Amendment 398 #
Proposal for a directive
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
b) receiving and following-up reports, verifying whether the report comes under the scope of this Directive;
Amendment 403 #
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
c) the confidentiality regime applicable to reports, including a detailed description of the circumstances under which the confidential data of a reporting person and a concerned person may be disclosed.
Amendment 411 #
Proposal for a directive
Article 10 – paragraph 1 – point g
Article 10 – paragraph 1 – point g
g) a statement clearly explaining, without prejudice to Article 1(3), that persons making information available to the competent authority in accordance with this Directive are not considered to be infringing any restriction on disclosure of information imposed by contract or by any legislative, regulatory or administrative provision, and are not to be involved in liability of any kind related to such disclosure.
Amendment 418 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – introductory part
Article 11 – paragraph 3 – subparagraph 1 – introductory part
Where a recorded telephone line is used for reporting, subject to the consent of the reporting person, the competent authority shall have the right tomust document the oral reporting in one of the following ways:
Amendment 421 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Where an unrecorded telephone line is used for reporting, the competent authority shall have the right tomust document the oral reporting in the form of accurate minutes of the conversation prepared by the dedicated staff members. The competent authority shall offer the possibility to the reporting person to check, rectify and agree with the minutes of the call by signing them.
Amendment 430 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A reporting person shall qualify for protection under this Directive provided he or she has reasonable grounds to believe that the information reported was true at the time of reporting, that he or she acted in good faith and that this information falls within the scope of this Directive.
Amendment 438 #
Proposal for a directive
Article 13 – paragraph 2 – point b
Article 13 – paragraph 2 – point b
b) internal reporting channels were not available for the reporting person or the reporting person could not reasonably be expected to be aware of the availability of such channeldoes not have clear, accessible information on internal procedures;
Amendment 442 #
Proposal for a directive
Article 13 – paragraph 2 – point d
Article 13 – paragraph 2 – point d
d) he or she could not reasonably be expected to use internal reporting channels in light of the subject-matter ofwhere the reporting persons have valid reasons to believe they would be the victims of retaliation due to the report;
Amendment 454 #
Proposal for a directive
Article 13 – paragraph 4 – point a
Article 13 – paragraph 4 – point a
a) he or she first reported internally and/or externally in accordance with Chapters II and III and paragraph 2 of this Article, but no appropriate action was taken in response to the report within the timeframe referred to in Articles 6(2)(b) and 9(1)(b); and where the public interest is clearly threatened; or
Amendment 458 #
Proposal for a directive
Article 13 – paragraph 4 – point b
Article 13 – paragraph 4 – point b
b) he or she could not reasonably be expected to use internal and/or external reporting channels due to imminent or manifest danger for the public interest, or to the particular circumstances of the case, or where there is a risk of irreversible damage.
Amendment 459 #
Proposal for a directive
Article 13 – paragraph 4 – point b
Article 13 – paragraph 4 – point b
b) he or she could not reasonably be expected to use internal and/or external reporting channels due to imminent orand manifest danger for the public interest, or to the particular circumstances of the case, or where there is a risk of irreversible damage.
Amendment 460 #
Proposal for a directive
Article 13 – paragraph 4 – point b – point i (new)
Article 13 – paragraph 4 – point b – point i (new)
i) in cases where reporting persons have valid reasons to believe that there is collusion between the perpetrator of the breach and the competent authority is reasonably suspected, or that evidence may be concealed or destroyed;
Amendment 461 #
Proposal for a directive
Article 13 – paragraph 4 – point b – point ii (new)
Article 13 – paragraph 4 – point b – point ii (new)
ii) he or she acted in good faith and had reasonable grounds to believe the information reported was true at the time or reporting even if the judicial authorities subsequently decided the report did not concern a threat or serious harm to the public interest.
Amendment 462 #
Proposal for a directive
Article 13 – paragraph 4 – point b a (new)
Article 13 – paragraph 4 – point b a (new)
(ba) Failure to comply with appropriate reporting procedures would be grounds to invalidate a report and to refuse to give protection.
Amendment 467 #
Proposal for a directive
Article 14 – paragraph 1 – point m
Article 14 – paragraph 1 – point m
m) early termination or cancellation of contract for goods or services not covered by the provisions of the contract;
Amendment 483 #
Proposal for a directive
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Persons reporting externally to competent authorities or making a public disclosure in accordance with this Directive shall not be considered to have breached any restriction on disclosure of information imposed by contract or by any legislative, regulatory or administrative provision, and incur liability of any kind in respect of such disclosure without prejudice to Article 1(3).
Amendment 489 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Where the identity of the concerned persons is not known to the public, cCompetent authorities shall ensure that their identity is protected for as long as the investigation is ongoing.
Amendment 490 #
Proposal for a directive
Article 16 – paragraph 3 a (new)
Article 16 – paragraph 3 a (new)
3a. Protecting the personal data of the concerned person is crucial in order to avoid unfair treatment or reputational damages due to disclosure of personal data, in particular data revealing the identity of a person concerned. Consequently and in accordance with the provisions of Regulation (EU) 2016/679 on the protection of natural persons with regards to the processing of personal data and the free movement of this data, the competent authorities should set out appropriate data protection procedures that aim to protect the reporting person, the concerned person and any other person covered by the report. The authorities should also ensure the competent authorities have a secure system in place so that access is restricted to authorised personnel only.
Amendment 491 #
Proposal for a directive
Article 16 – paragraph 3 a (new)
Article 16 – paragraph 3 a (new)
3a. The protection of personal data of the concerned person is crucial in order to avoid unfair treatment or reputational damages due to the disclosure of personal data, in particular data revealing the identity of a person concerned. Hence, in line with the requirements of Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR), competent authorities should establish adequate data protection procedures specifically geared to the protection of the reporting person, the concerned person and any third person referred to in the report that should include a secure system within the competent authority with restricted access rights for authorised staff only.
Amendment 493 #
Proposal for a directive
Article 16 – paragraph 3 b (new)
Article 16 – paragraph 3 b (new)
3b. Any person prejudiced by misleading or malicious reporting/disclosures should be given legal protection, including the right to an effective remedy against abusive reporting.
Amendment 498 #
Proposal for a directive
Article 17 – paragraph 1 – point d
Article 17 – paragraph 1 – point d
d) breach the duty of maintaining the confidentiality of the identity of reporting persons and persons who are the subject of the report.
Amendment 501 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall provide for effective, proportionate and dissuasive penalties applicable to the reporting and other persons making malicious or abusive reports or disclosures, including measures for compensating persons who have suffered damage from malicious or abusive reports or disclosures.