|We commit to adopt measures to ensure the protection of persons reporting corruption against retaliatory measures which might be taken against them by their employer.|
Themes: Whistleblower/civil society space protection
Last updated: October 2019
Concrete: Somewhat Concrete | New: Not New | Ambitious: Ambitious
Chapter 2 of the Sapin 2 law ensures protection and repair or criminal sanctions against the perpetrators of reprisals. Reporting schemes must ensure a strict confidentiality of the identity of the whistle-blower, the identity of the person on which the report is made and the information collected. The disclosure of these elements is sanctioned by up to two years of imprisonment and a €30,000 fine. It is also prohibited to discriminate against whistle-blowers, in the hiring process, from the access to an internship or professional courses or even in terms of assignment, salary or else. Measures contravening such principles are susceptible of being declared null and void and reparations must be ensured (reinstatement and/or assess damages), also abuse of legal process (defamation) are sanctionned with a €30,000 fine. Interfering with the transmission of a report to the employer, the courts or authorities is punishable by up to one year of imprisonment and a €15,000 fine.
Updated: October 30, 2019