This input was provided by Sorainen, a trusted Bird & Bird Plus law firm with offices in Estonia, Latvia, Lithuania and Belarus.
What stage has the legislature reached in implementing the Whistleblowing Directive? If not already implemented, when is it expected or planned that the required legislation will be passed?
The Latvian Parliament passed the new Wistleblowing Law replacing the previous local legal regulation on 20 January 2022. It entered into force on 4 February 2022.
Status
Legislation passed/ Directive implemented.
Reporting topics covered (in addition to those covered by the Directive)
A whistleblower is entitled to blow a whistle on any violation which harms the public interests, especially on violations in the following fields:
omission, negligence of officials, abuse of the official position by them, or any other wrongful act;
corruption and also violations of the provisions for financing of political organisations (parties) and their alliances and of the restrictions on pre-election campaigning;
squandering of financial resources or property of a public person;
tax evasion;
public health threat;
food safety threat;
construction safety threat;
environmental safety threat, including actions affecting climate change;
radiation protection and nuclear safety;
work safety threat;
public order threat;
infringements of human rights;
violations in the field of public procurements and public-private partnerships;
violations in the financial and capital market sector, including fraud and other unlawful actions which endanger the financial interests of the European Union;
prevention of money laundering and terrorism and proliferation financing;
violations of the competition law and the regulations regarding aid for commercial activity;
violations in the field of provision of goods and services, including in relation to safety and conformity;
violations in transport safety;
violations in relation to the internal market;
violations in the field of animal welfare;
consumer rights protection;
protection of private life and personal data and safety of the network and information systems.
The Latvian Government has adopted the regulations specifying such legal acts of the European Union for the violation of which whistle should be blown in the fields referred to in Clauses 5, 6, 8, 9, 13, 14, 15, 17, 18, 20, 21, and 22 above.
Categories of person who may report (in addition to those specified in the Directive)
Basically the same as those in the Directive.
Are there any stipulations as to who may investigate a report?
No. There is only requirement to appoint a responsible person (or persons) who receives and registers a submission of a person, assesses its prima facie conformity with the whistleblower's report, and takes the relevant decision, pseudonymises the personal data of the whistleblower, examines the whistleblower's report, ensures communication with the whistleblower and other authorities, fulfils the duties of a contact person. There are no specific statutory requirements for the qualification or status of the responsible persons.
Are entities with fewer than 50 workers exempt?
Generally entities with fewer than 50 employees are not required to establish an internal whistleblowing system.
However, the requirement for at least 50 employees does not apply and all entities must form the internal whistleblowing system in the following exceptional cases:
all legal entities governed by private law who operate in the financial and capital market sector and in the field of the prevention of money laundering and terrorism and proliferation financing;
private law legal entities in the fields of transport security, to which other applicable reporting arrangements applies;
private law legal entities in the field of environmental protection, to which other reporting arrangements apply.
If an exempt organisation implements a whistleblowing scheme will the Directive / implementing law apply?
In such case, the Whistleblowing Law will apply partly. E.g., provisions regarding general definition of the internal whistleblowing system, duty to notify about it to employees and other concerned person, duty to review the whistleblower's application, protection of the whistleblower's identity, will apply by virtue of law. Whether to comply with other parts of the implementing law will be the choice of each entity.
Are there any specific timescales that apply (e.g. for acknowledgements and responses) (Yes/No)?
Yes.
Can reports be made anonymously?
There is no obligation to accept and follow-up on anonymous reports but an entity may choose to do so. Notwithstanding that the law does not provide for anonymous reporting, in case a person making anonymous report is later identified as the whistleblower he/she is subject to the protective guarantees provided by the Whistleblowing Law, including protection against adverse consequences.
Are private sector entities required to accept and follow up on anonymous reports?
No.
Remedies for retaliation
From the moment when a whistleblower has blown the whistle, he/ she, his/ her relative and related person have the right to:
protection of the identity;
protection against adverse effects caused due to whistleblowing;
the State ensured legal aid;
release from the payment of court expenses in civil proceedings and payment of the State fee in administrative court proceedings;
temporary protection in civil proceedings and administrative proceedings in the court;
release from legal liability;
appropriate compensation for loses or personal damage, also moral detriment;
consultations on the protection of his/ her rights;
release from the obligation to comply with the extrajudicial examination procedures for the case in administrative proceedings.
It is prohibited to cause adverse effects to a whistleblower, his/ her relative and related person due to a whistleblower's report and (if applicable):
to impose a disciplinary or other punishment;
to dismiss from work or office, including without extending an employment contract or without appointing to the office for an indefinite period of time, if there had been grounds for considering that it will be done;
to transfer to another work or office;
to deny a promotion, vocational training, or raising of qualification;
to change work or official duties, working hours and place, or remuneration;
to give a negative assessment of work, official duties;
to insult dignity, honour, and reputation;
to cancel licences and authorisations;
to unilaterally withdraw from a contract regarding the supply of goods, a purchase, or the provision of a service or to terminate it;
to request an opinion of a physician;
to otherwise cause adverse effects directly or indirectly, including by violating the principle of equal treatment.
In addition, there is an administrative liability for causing adverse effects to the whisteblower, his/ her relative and related person (i.e., a monetary fine up to EUR 14,000).
Are group-wide reporting channels permitted?
Group-wide reporting channels are permitted but they can function only in addition to internal whistleblowing schemes.
