If your organisation has operations in multiple EU countries, a frequently asked question is whether the same handler may process reports everywhere and whether impartiality requirements are the same. The answer is that the European Directive sets a minimum framework, but each country has transposed this framework into national legislation in its own way. As a result, the requirements for who may handle a report and how impartiality is ensured may differ from country to country.
The Directive requires that a handler must be impartial and must not be involved in the subject matter of the report. How countries implement this varies: some countries allow an internal official, such as an HR officer or compliance officer, to handle the matter, provided there is sufficient distance from the report. Other countries impose stricter requirements on that separation, or require that certain reports automatically go to an external party.
What the Directive does and does not regulate
The European Directive on whistleblowers sets out the main lines: there must be an internal reporting channel, the handler must be impartial, and there are deadlines for acknowledgement of receipt and feedback. The Directive leaves it to the Member States to specify exactly how they implement this in national legislation. This means that the text of the law, the terminology and sometimes also the exact deadlines may differ from country to country compared to what is customary in the Netherlands.
The role of worker representation also differs. In one country, the emphasis is on approval by a works council or similar body, in another country the involvement of worker representation is regulated differently or less developed. For an organisation with operations in different countries, it is therefore not obvious that one procedure works exactly the same way everywhere.
Where countries concretely differ from each other
Three points come up frequently when looking at who may handle a report. First, the question of whether an internal function is sufficient, or whether an external or independent party is required for certain types of reports. Secondly, the precise interpretation of impartiality: some countries require a functional separation on paper, other countries review this more substantively. Thirdly, the powers of a national supervisory authority: in some countries a supervisory authority can monitor or intervene in the way reports are handled, in other countries that role is more limited.
Moreover, countries differ in the level of detail concerning confidentiality and file management. What is considered sufficient protection of the identity of a reporting person in one country may be formulated slightly more strictly or more broadly in another country. For an organisation operating in multiple countries, it is therefore useful to review the applicable national law for each location, rather than assuming that the headquarters' arrangement automatically applies everywhere.
What this means for a group with operations in multiple countries
In practice, a report is usually assessed under the law of the country where the reporting person works, not under the law of the country where the head office is located. This means that a central handler at group level may be practical, but the underlying rules must be reviewed separately for each location. Some organisations choose to have a local contact point per country, combined with central coordination, precisely to account for those local differences.
Because the exact wording of the law differs from country to country, it is advisable to consult the national legal text or involve a lawyer familiar with the local situation if in doubt. Signalo structures the process and monitors deadlines, but does not assess reports and does not provide legal advice on which national rule applies in a specific case. In the knowledge base by topic sorted out you will find an overview per theme of where the rules diverge, with a reference to the official text.
Do you first want to know whether and how the reporting obligation applies to your organization, even if you are active in multiple countries? Then the free check in a few questions or check where the information on signalo.eu comes from. For specific questions about your own situation, you can also consult the go through the frequently asked questions as a first orientation.