What is Whistleblowing?
This is not to be confused with individual workplaces grievances which are of personal interest (such as harassment, discrimination or bullying) which will generally not fall within the scope of whistleblowing protection.
How is Whistleblowing regulated in Malta?
Chapter 527 has recently been amended in order to transpose Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law. In this regard organisations ought to be considering the far-reaching implications of this new law.
Internal Reporting Channels
Entities with more than 50 employees & public sector institutions, authorities and municipalities are obliged to set up suitable internal reporting channels.
Confidentiality
Entities must ensure that their whistleblowing process adheres to the principles of confidentiality as well as comply with data protection law.
Reputational damage
Robust internal reporting channels may avoid external leaks, as well as mitigate risk of reputational damage and fines.
Who we are
Fenech & Fenech Advocates is a full-service firm which is well positioned to advise clients on whistleblowing legislation, including with:
- The structuring of effective compliance and reporting programs;
- Performing review of protocols;
- Conducting training;
- Defending client interests and reputation when reports are filed.
The firm relies on its multi-talented team of lawyers specialised in the various fields, with experience in litigation. The Employment Law team, headed by Partner Dr Paul Gonzi, who also co-heads the Data Protection team within the firm, is well placed to advise on the regulatory and practical requirements of the law, including on data protection, confidential information and trade secrets legislation, subjects which are integral to whistleblowing.
POINTS OF CONTACT
FAQS
To which organisations does the law apply?
Can the law ever apply to entities with less than 50 workers?
Who will be protected by the law?
Is the law the same in every EU Member State?
Does the law alter the previous conditions for protection of reporting persons?
Does the Act protect anonymous reports?