Whistleblowers legislation (almost) in force: action required

As of 17 December 2023, employers with 50 to 250 employees must have a whistleblowers' scheme that is in line with the new Dutch Whistleblower Protection Act (Wet bescherming klokkenluiders). Previously, employers with more than 250 employees were required to have this in place. If an employer fails to comply with the Whistleblower Protection Act on time, there may be adverse consequences.

Ban on prejudicial measures

The Whistleblower Protection Act introduces, among other things, a ban on prejudicial measures against individuals who report a (suspected) abuse. This means that whistleblowers may not suffer any disadvantage because they have reported a (suspected) abuse. This could include dismissal or suspension, but also a negative employee appraisal. 

Avoid paying damages

There was a recent case on this subject that occurred before the court of Amsterdam. After two employees made a report of a (suspected) abuse, the report was hardly investigated by the employer and the employees were even declared redundant soon afterwards. This was in violation of the Whistleblower Protection Act and the ban on prejudicial measures. As a result of this improper course of action, the court ruled that the employees were entitled to compensation for damages. The damages include lost earnings because the employees missed promotion opportunities and salary increases. The exact damages have yet to be determined by an expert but are expected to be high.

Avoid sanctions

In addition to the risk of employee claims, the Dutch Whistleblowers Authority (Huis voor Klokkenluiders) will have the power to give sanctions in the future. On this basis, an administrative fine or an order under penalty may be imposed. It is therefore important for employers to comply with the new legislation on time.

Read the most important changes in our fact sheet 

In our fact sheet, you will find the most important changes and points of attention of the Whistleblower Protection Act. Download it via the button below and act now.

Download more information

Any questions? Contact us directly

Do you have a question about the Whistleblower Protection Act? Feel free to contact one of the contact persons of BDO Legal via legal@bdo.nl.