This input was provided by Sorainen, a trusted Bird & Bird Plus law firm with offices in Estonia, Latvia, Lithuania and Belarus.
The legislative process is on-going and the directive has not been implemented. The government was supposed, but failed, to implement the directive by 17 December 2021. A draft law was first introduced 10 August 2021 and the work on transposition of the directive is in progress. The first reading of the first draft law was finished at the end of January 2022 after which no updates came until 2023. On 15 February 2023, the European Commission referred Estonia to the Court of Justice for failure to transpose and notify the national measures transposing the Whistleblowing Directive.
In March 2023, a new Parliament was elected and on 30 May 2023, an updated draft law was introduced. The new law is intended to enter into force on 1 January 2024 and legal entities with 50 or more employees have until 1 June 2024 to establish internal systems and the internal reporting channels. On 24 August 2023, the Government submitted the draft law to Parliament where proceedings continue.
Implementation in progress.
Protection is limited to the topics mentioned in the Directive.
Basically the same as those in the Directive, but additionally a person receiving a sportsperson's allowance.
Entities that have established an internal reporting channel must appoint or authorise a person who receives the incoming reports, provides feedback to the reporting person and ensures the notification of the follow-up measures. A third party outside the entity can also manage the internal reporting channel. This means that the reporting service can be bought from third parties.
Entities with fewer than 50 employees are not exempt. All persons who report an illegal act or omission contrary to the purpose of a rule of EU law which has come to their notice in the course of their employment shall be protected under that law. Therefore, the national legislation is applicable to entities with under 50 employees as well. However, the obligation to establish an internal reporting channel only applies to companies with at least 50 employees.
Yes.
Yes.
Yes, anonymous reporting is allowed. In case of proper anonymous reporting, the reporting person is also protected in the situation where their identity becomes public later.
No, private sector entities are not required to accept and follow up. There is no obligation to receive anonymous reports through internal and external reporting channels, but receiving and processing reports from anonymous reporting people is recommended. In the case of receiving an anonymous report, these reports should also be investigated to the extent possible without receiving additional information from the reporting person.
The reporting person can apply for interim protection and they can use the legal remedies prescribed by law and demand compensation for damages. However, obtaining interim protection, use of legal remedies and compensation for damage are not provided for separately in the new legislation.
Group-wide reporting channels are permitted.
