The Protection of Persons Reporting Violations of Union and National Law Law of 2022 (6(I)/2022)

Preamble
For purposes-

(a) harmonisation with the European Union act entitled “Directive 2019/1937/EU of the European Parliament and of the Council of 23 October 2019 on the protection of persons reporting on breaches of Union law”, and

(b) establishing an effective framework of special legal protection for those employees in the public or private sector who disclose information and data that have come into their possession or, respectively, have come to their attention within their workplace, which they have a reasonable belief that is true and relates to violations of national law,

The House of Representatives votes as follows:

Short title

This Law shall be referred to as the Protection of Persons Reporting Violations of Union and National Law Law of 2022.

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PART I INTRODUCTORY PROVISIONS
Interpretation

In this Law, unless the context otherwise requires-

“Corruption offences” means the offences provided for in the Council of Europe Convention on the Criminalisation of Corruption (Ratification) Law, the Additional Protocol to the Council of Europe Convention on the Criminalisation of Corruption (Ratification) Law, the Prevention of Corruption Law, the Corruption of Officials and Public Servants Law, as well as the offences provided for in the Criminal Code Law and which contain the element of extortion, bribery or abuse of power or trust;

“direct discrimination” means less favourable treatment of a person than that of another person in a comparable situation;

“reported person” means the natural or legal person named in the report or public disclosure as the person to whom the violation is attributed or to whom the person in question is related;

“reporter” means the natural person who reports or publicly discloses information regarding violations, which he/she acquired in the context of his/her work activities;

“report” means the provision of information, verbally or in writing, named or anonymously, regarding violations;

“retaliation” means any direct or indirect act or omission that occurs in a work context and is a result of an internal or external report or public disclosure, and that causes or is likely to cause undue harm to the reporter;

“competent authority” means a service, authority, organization, minister, deputy minister, department, council, superintendent or commissioner who, under Union or national law, receives reports within the framework of its responsibilities or is responsible for supervising and/or investigating acts falling within the scope of this Law, as well as any other authority, service, organization designated as such by a decree of the Council of Ministers;

“self-employed person” has the meaning assigned to this term in article 2 of the Social Insurance Law;

“personal data” means any information relating to an identified or identifiable natural person;

“public disclosure” means the making available to the public of information about violations.

“public sector” or “public sector legal entity” means the public service as defined in Article 122 of the Constitution, any independent service or authority for which provision is made in the annual state budget and includes the Police, the Fire Service, the Public Education Service, the Army of the Republic, as well as any legal entity of public law or public law organization, including local government authorities or any other public law organization without legal personality that is established by law in the public interest and whose funds are either provided or guaranteed by the Republic, as well as a legal entity of private law and a state or semi-state company, as these terms are interpreted in the Law on Incompatibility with the Exercise of Certain Professional and Other Related Activities;

“public official” means a person who holds a public position, whether permanently, temporarily or by replacement;

“discrimination” means direct or indirect discrimination and includes harassment and an order to apply discriminatory treatment;

“mediator” means a natural person who supports the reporting person in the reporting process in a work context and keeps the assistance confidential;

“Labour Disputes Court” means the court established under the provisions of section 12 of the Annual Leave with Pay Law;

“indirect discrimination” exists where a provision, criterion, practice, act or omission which appears to be neutral would put a person at a disadvantage compared with other persons in a comparable situation, unless that provision, criterion, practice, act or omission can be objectively justified by a legitimate aim and the means of achieving that aim are appropriate, proportionate and necessary;

“information” means the provision of information to the complainant about the measures planned to be taken or have been taken in the context of monitoring and the reasons for such monitoring;

“external reporting” means the oral or written provision of information regarding violations to a competent authority through an external reporting channel;

“work context” means the current or past work activities in the public or private sector, regardless of the nature of those activities, through which a person obtains information about violations and in the context of which that person may suffer retaliation if he or she reports that information;

“employee” means a person who works under a contract of employment or an apprenticeship contract or under circumstances from which the existence of an employer-employee relationship can be inferred in the private or public sector, on a full or part-time basis, for a fixed or indefinite, continuous or non-continuous period of time, and includes a shareholder in a private company who works in that company, but not under a contract of employment or under circumstances from which the existence of an employer-employee relationship can be inferred:

It is understood that, for the purposes of this definition, “shareholder” has the meaning assigned to this term in the Companies Law.

“internal reporting” means the oral or written provision of information regarding violations within a legal entity in the private or public sector through an internal reporting channel;

“private sector” means a legal person not included in the definition of the term “public sector”;

“EU Regulation 2016/679” means the act of the European Union entitled “Regulation of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)”;

“EU Regulation 2018/1725” means the act of the European Union entitled “Regulation of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC”;

“monitoring” means any act carried out by the recipient of a report or the competent authority, with a view to assessing the accuracy of the allegations contained in the report and, where appropriate, addressing the reported breach through measures such as internal investigation, investigation, prosecution, action for recovery of funds or termination of the procedure;

“unilateral detrimental change in working conditions” means any act or omission or general conduct of the employer or other person who is competent or responsible for determining or amending the conditions of employment, which causes direct or indirect, material or moral damage to the employee or offends, in any way, his personality or dignity;

“violations” means acts or omissions which-

(a) they are unlawful and relate to Union acts and areas falling within the material scope provided for in Article 4; or

(b) are contrary to the object or purpose of the rules laid down in the Union acts referred to in paragraph (a) and in the areas falling within paragraph (a) of subsection (1) of Article 4; or

“harassment” means conduct that is unwanted by the recipient and has the purpose or effect of violating the dignity of a person, in particular when it creates an intimidating, hostile, degrading, humiliating or offensive environment;

“information regarding violations” means information, including reasonable suspicions, regarding actual or potential violations, which have been committed or are highly likely to be committed in the legal entity for which the reporting person works or has worked or in other legal entities with which the reporting person has had contact through his work, as well as regarding attempts to conceal violations;

“TFEU” means the Treaty on the Functioning of the European Union.

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Purpose of this Law

The purpose of this Law is to strengthen the enforcement of the law and policies of the European Union and by extension of the Republic of Cyprus in specific areas through the establishment of common standards that will ensure a high level of protection for persons reporting violations of Union and national law.

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PART II PROTECTION OF PERSONS REPORTING BREACHES OF UNION LAW
CHAPTER I-SCOPE
Material scope of application
4.-(1) Notwithstanding any relevant provisions in another Law or Regulations, this Law determines the protection enjoyed by persons who report the following breaches of European Union law:

(a) Infringements falling within the scope of the European Union acts set out in the Annex and concerning the following areas:

(i) Public contracts;

(ii) financial services, products and markets and the prevention of money laundering and terrorist financing;

(iii) product safety and compliance;

(iv) transport safety;

(v) environmental protection;

(vi) radiation protection and nuclear safety;

(vii) food and feed safety, animal health and welfare;

(viii) public health;

(ix) consumer protection;

(x) protection of privacy and personal data and security of network and information systems;

(b) infringements affecting the financial interests of the Union referred to in Article 325 TFEU, as specifically defined in the relevant Union measures;

(c) infringements relating to the internal market, as referred to in paragraph 2 of Article 26 TFEU, including infringements of European Union competition and State aid rules and infringements relating to the internal market relating to acts infringing corporate tax rules or arrangements the purpose of which is to secure a tax advantage which defeats the object or purpose of the applicable corporate tax legislation;

(d) violations of Union restrictive measures listed in article 5 of the Criminalization of Violation of Union Restrictive Measures Law, including cases of instigation, aiding and abetting and attempting to commit them in accordance with the provisions of article 6.

(2) The provisions of this Law shall apply to the extent that a matter is not mandatorily regulated in the sectoral acts of the European Union referred to in Part II of the Annex, which provide for specific rules on reporting infringements.

(3) The provisions of this Law do not apply to reports of breaches of rules on matters or contracts relating to defence or security matters, unless they are covered by the relevant acts of the European Union.

(4) The provisions of this Law do not affect the application of Union and national law concerning-

(a) the protection of classified information,

(b) the protection of legal and medical confidentiality,

(d) the rules of criminal procedure.

(5) The provisions of this Law do not affect the right of employees to consult their representatives or their trade unions and their protection against any unjustified detrimental measure resulting from such consultations, as well as the autonomy of the social partners and their right to conclude collective agreements.

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Personal scope
5.-(1) The provisions of this Law apply to persons-

(a) who work in the private or public sector and have obtained information regarding violations in a work context and these include, among others, at least the following persons who-

(i) have the status of “worker”, within the meaning of that term in paragraph 1 of Article 45 TFEU, including civil servants:

It is understood that the definition of the term “worker” also includes the term “employee”;

(ii) have the status of “self-employed person”, within the meaning of that term in Article 49 TFEU:

It is understood that the definition of the term “non-employee” also includes the term “self-employed”;

(iii) have the status of shareholder and persons belonging to the administrative, management or supervisory body of an undertaking, including non-executive members, as well as volunteers and paid or unpaid interns;

(iv) work under the supervision and instructions of contractors, subcontractors and suppliers.

(b) who report or publicly disclose information regarding violations acquired in the context of an employment relationship that has since ended.

(c) reporting persons whose employment relationship has not yet commenced, in cases where information regarding violations has been obtained during the recruitment process or at another stage of negotiation prior to the conclusion of a contract or the commencement of employment.

(2) The measures for the protection of complainants set out in Chapter VI shall also apply, where appropriate, to-

(a) intermediaries,

(b) third parties associated with the complainant who may be subject to retaliation in a work context, including the complainant’s colleagues or relatives by blood or consanguinity up to the fourth degree. and

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Conditions for the protection of complainants
6.-(1) A person referred to in article 5 who reports violations has the right to protection under the provisions of this Law, provided that-

(a) had reasonable grounds to believe that the information regarding violations he reported was true at the time of the report and that such information fell within the scope of this Law, and

(b) has reported either internally, as provided for in section 7, or externally, as provided for in section 11, or has made a public disclosure as provided for in section 16:

It is understood that, in the event that a person has reported or made public information regarding violations anonymously, but has subsequently been identified and suffers retaliation, he or she has the right to protection under Chapter VI, provided that he or she meets the conditions set out in this subsection.

(2) A person referred to in Article 5 who reports to relevant institutions and other bodies and agencies of the Union violations falling within the scope of this Part has the right to protection, as defined in this Law, under the same conditions as a person who submits a report externally.

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CHAPTER II-INTERNAL COMPLAINT AND FOLLOW-UP MEASURES
Reporting through internal reporting channels
7.-(1) Without prejudice to the provisions of articles 11 and 16, a person referred to in article 5 may provide information regarding violations, initially through an internal reporting channel and procedures provided for in this Part, before reporting to a competent authority, in cases where the violation can be dealt with effectively internally and provided that the reporter considers that there is no risk of retaliation.

(2) Appropriate information on the specific use of internal reporting channels shall be provided in the context of the information provided by legal entities in the private and public sectors under the provisions of paragraph (a) of subsection (1) of article 9 and by a competent authority under the provisions of subparagraph (i) of paragraph (e) of subsection (1) of article 13 and article 14.

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Obligation to establish internal reporting channels
8.-(1) Private and public sector legal entities shall establish channels and procedures for internal reporting and monitoring, following consultation with the social partners, where provided for by national law.

(2)(a) The provisions of subsection (1) shall apply-

(i) to private sector legal entities with fifty (50) or more employees:

It is understood that the limit provided for in this subparagraph does not apply to legal entities that fall within the scope of the Union acts referred to in paragraph B of PART I and in PART II of the Annex,

(ii) to all legal entities in the public sector:

It is understood that the provisions of subsection (1) do not apply to local government authorities with fewer than five thousand (5 000) residents, or fewer than twenty-five (25) employees:

It is further understood that, in public sector legal entities, the internal audit units established pursuant to Council of Ministers Decisions No. 75.841 of 10.7.2013 and No. 76025 of 6.11.2013 or pursuant to the provisions of any Law may be used as internal reporting channels, where they exist.

(b) Without prejudice to the obligations imposed under the provisions of this Law on legal entities to maintain confidentiality and provide responses, as well as to address the reported violation, private sector legal entities with fifty (50) to two hundred forty-nine (249) employees may have common internal channels for the receipt and investigation of reports.

(c) Local government authorities may make use of common internal reporting channels, provided that the common internal reporting channels are autonomous and distinct from the relevant external reporting channels.

(3) The channels and procedures referred to in subsection (1) of this article enable the persons specified in paragraphs (a) and (b) of subsection (1) of article 5 to report information regarding violations.

(4) Reporting channels may be managed internally by a person or service designated for this purpose or may be provided externally by a third party.

(5) The safeguards and requirements provided for in subsection (1) of article 9 shall apply to authorized third parties that manage the reporting channel on behalf of a legal person in the private sector.

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Internal reporting and report follow-up procedures
9.-(1) Internal reporting and monitoring procedures include-

(a) channels for receiving reports, which are designed, established and operated in a secure manner that ensures the protection of the confidentiality of the identity of the reporter and any third party named in the report, and prevents access to it by unauthorized members of staff .

(b) the notification of acknowledgement of receipt of the report to the reportant within seven (7) days from the date of receipt .

(c) the designation of an impartial person or service with responsibility for monitoring the reports, which may be the same person or service as the one receiving the reports and which will maintain communication with the reporter and, if necessary, request further information from the reporter and provide him with information .

(d) diligent monitoring by the person or service referred to in paragraph (c) .

(e) a reasonable period of time for providing information, which shall not exceed three (3) months from the date of sending an acknowledgement of receipt or, if no acknowledgement has been sent to the complainant, three (3) months from the expiry of the seven-day period following the submission of the complaint .

(f) the provision of clear and easily accessible information on the procedures under which a report may be submitted externally to a competent authority in accordance with the provisions of Chapter III and, where appropriate, to institutions and other bodies or agencies of the European Union.

(2) The channels provided for in paragraph (a) of subsection (1) provide the possibility of submitting a report in writing or orally and/or in both ways.

(3) Oral reporting may be made via telephone or other voice messaging systems and, upon request of the reporting party, through a personal meeting within a reasonable period of time.

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Voluntary establishment of reporting channels
10.-(1) Legal entities in the private sector which are not required to establish internal reporting channels and procedures, pursuant to the provisions of article 8, are encouraged to designate appropriate persons or services in accordance with their capabilities and structure, to receive and monitor reports:

It is understood that, in the event that a legal entity in the private sector appoints a person or service as provided for in this article, the provisions of article 9 shall apply mutatis mutandis.

(2) Persons or services appropriate to receive and monitor reports in accordance with the provisions of subsection (1) may be designated as compliance officers, professional integrity officers, legal officers, financial managers, chief auditors, and members of the board of directors.

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CHAPTER III-EXTERNAL REPORTING AND MONITORING
External reference
11.-(1) Without prejudice to the provisions of paragraph (b) of subsection (1) of article 16, the reporter shall provide information regarding violations using the channels and procedures provided for in articles 12 and 13, after having previously submitted a report through the internal reporting channel or by submitting an external report directly to a competent authority.

(2) The internal channel procedure is interrupted in the case where the complainant has submitted a report through an internal channel and, while the procedure before him is pending, submits an external report:

It is understood that the complainant informs the internal reporting channel to this effect.

(3) In the event that the reporting party simultaneously submits an external report to more than one competent authority, he shall inform them accordingly and the competent authorities shall coordinate with each other to handle the reported violation.

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External reporting and reporting monitoring channels
12.-(1) Without prejudice to the provisions of any specific Union rule providing for the establishment of internal and external reporting channels for certain sectors, the competent authorities shall-

(a) establish an independent and autonomous external channel for the receipt and management of information regarding violations,

(b) acknowledge receipt of the report immediately and in any case within seven (7) days from the date of receipt of the report, unless otherwise expressly requested by the reporter or if the competent authority reasonably believes that acknowledging the report may jeopardize the protection of the identity of the reporter,

(d) provide information to the complainant within a reasonable period of time, which shall not exceed three (3) months or six (6) months in duly justified cases,

(e) notify the complainant of the final result of the investigations conducted on the basis of the complaint,

(f) transmit in due time the information of the report to the competent institutions and other bodies and agencies of the European Union, as appropriate, for further investigation,

(g) may, after due consideration of the matter, decide-

(i) that the reported violation is of minor importance and does not require further follow-up beyond the conclusion of the procedure, without this affecting other obligations or other applicable procedures for addressing the reported violation or the protection provided under the provisions of this Law against internal or external reporting,

(ii) the closure of proceedings on repeat reports, which do not contain significant new information on violations in relation to a previous report for which the relevant proceedings have been closed, unless new legal or factual circumstances justify different follow-up:

It is understood that, in any case, the competent authorities shall inform the petitioner of their decision and the reasons for it.

(2) In the event of a large influx of reports, the competent authorities may examine as a priority reports of serious violations or violations of essential provisions falling within the scope of this Law, subject to the time period specified in paragraph (d) of subsection (1).

(3) In the event that the reporter submits a report to a channel that is not competent to deal with the reported violation, the said channel shall forward the report to the competent authority, within a reasonable time and in a secure manner, and the reporter shall be informed without delay of its transmission.

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Design of external reference channels

External reporting channels are considered independent and autonomous for the purposes of this Law, if-

(a) operate in a manner that ensures the completeness, integrity and confidentiality of the information and prevents access to it by unauthorized employees of the competent authority .

(b) allow the retention and storage of information in accordance with article 19, so that further investigations can be carried out .

It is understood that oral reports are possible via telephone or other voice messaging systems, and upon request of the reporter, through a personal meeting within a reasonable period of time .

(d) ensure that, in the event that a report is received by a staff member other than the one responsible for handling reports, the staff member who received the report may not disclose information that could identify the reporter or the person reported and immediately forwards the report, without modification, to the staff members responsible for handling reports .

(e) appoint staff members responsible for handling complaints, who are specifically trained in handling complaints, in particular for-

(i) the provision of information to any interested person regarding the procedures for submitting a report .

(ii) the receipt of reports and the implementation of follow-up measures .

(iii) maintaining contact with the complainant for the purpose of informing him and, if required, providing him with further information.

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Information on receiving and following up on reports

Competent authorities shall publish on their website in a separate, easily identifiable and accessible section, the following information:

(a) The conditions for the provision of protection under the provisions of this Law;

(b) their contact details, in particular their electronic and postal addresses and telephone numbers, as well as a statement regarding whether or not telephone conversations are recorded;

(c) the procedures applicable to reports of infringements, including the manner in which the competent authorities may request the reporting party to clarify the information reported or to provide additional information, the time limit for responding to the reporting party, as well as the type and content of the response;

(d) the confidentiality regime applicable to reports, and in particular information regarding the processing of personal data, in accordance with article 17 of this Law, articles 5 and 13 of EU Regulation 2016/679, the Law on the Protection of Natural Persons with regard to the Processing of Personal Data, article 15 of the Law on the Protection of Natural Persons with regard to the Processing of Personal Data by Competent Authorities for the Purposes of the Prevention, Investigation, Detection or Prosecution of Criminal Offences or the Execution of Criminal Sanctions and on the Free Movement of such Data, and article 15 of EU Regulation 2018/1725;

(e) the type of monitoring to be applied to the reports;

(f) the means and procedures for protection against retaliation and the availability of confidential advice for persons wishing to file a report;

(g) a statement, which expressly states the conditions under which persons who submit a report to a competent authority are protected from liability for a breach of confidentiality under the provisions of article 23;

(h) contact details of an information centre established for the purposes of supporting complainants.

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Review of procedures by competent authorities

Competent authorities shall review the procedures for receiving reports and their follow-up measures on a regular basis and at least every three years and, when reviewing those procedures, shall take into account their experience and the experience of other competent authorities and adapt their procedures accordingly.

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CHAPTER IV-PUBLIC DISCLOSURE
Public disclosure
16.-(1) A person who makes a public disclosure regarding violations falling within the scope of this Part is entitled to protection under the provisions of Chapter VI, if any of the following conditions are met:

(a) The complainant has first submitted a complaint internally and externally or only externally in accordance with Chapters II and III, but no appropriate action is taken in response to the complaint within the time period provided for in paragraph (e) of subsection (1) of Article 9 and paragraph (d) of subsection (1) of Article 12; or

(b) has reasonable grounds to believe that-

(i) the breach may constitute an immediate or manifest risk to the public interest and/or public health, including in cases of emergency or risk of irreversible harm, or

(ii) in the case of an external report, there is a risk of retaliation or there is little prospect of effectively addressing the violation, due to the particular circumstances of the case, such as when evidence may be concealed or destroyed or when an authority may be in collusion with the perpetrator of the violation or be involved in the violation.

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CHAPTER V – PROVISIONS APPLICABLE TO INTERNAL AND EXTERNAL REPORTS
Confidentiality obligation
17.-(1) The identity of the reporting person and any other information from which the identity of the reporting person may be inferred, directly or indirectly, shall not be disclosed to anyone other than the authorized members of staff who are competent to receive or monitor reports, without the express consent of the person in question.

(2) Notwithstanding the provisions of subsection (1), the identity of the reporting person, as well as any other information referred to in subsection (1), may only be disclosed where such disclosure constitutes a necessary and proportionate obligation imposed by Union or national law, in the context of investigations by national authorities or judicial proceedings, inter alia, for the purpose of safeguarding the rights of defence of the reporting person.

(3) (a) Both the internal reporting channels and the competent authorities, before making a disclosure under the provisions of subsection (2), shall inform the reporting person, unless such information undermines investigations or judicial proceedings.

(b) When informing the reporter, both the internal reporting channels and the competent authorities send him a written justification in which they explain the reasons for disclosing the specific confidential information.

(4) Both internal reporting channels and competent authorities receiving information about breaches, which include trade secrets, may not use or disclose such trade secrets for purposes that exceed what is necessary for the proper follow-up of the report.

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Processing of personal data
18.-(1) Any processing of personal data carried out under the provisions of this Law, including the exchange or transmission of personal data by the competent authorities, shall be carried out in accordance with the provisions of EU Regulation 2016/679, the Law on the Protection of Natural Persons with regard to the Processing of Personal Data and the Law on the Protection of Natural Persons with regard to the Processing of Personal Data by Competent Authorities for the Purposes of the Prevention, Investigation, Detection or Prosecution of Criminal Offences or the Execution of Criminal Sanctions and on the Free Movement of such Data.

(2) Any exchange or transmission of information by the Union institutions, bodies, offices or agencies shall be carried out in accordance with Regulation (EU) 2018/1725.

(3) Personal data that is clearly not related to the handling of a specific report is not collected and, if collected accidentally, is deleted without undue delay.

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Keeping records of reports
19.-(1) Notwithstanding the provisions of any other Law, private sector legal entities and public sector legal entities and the competent authorities shall keep records of each report they receive, in accordance with the confidentiality requirements provided for in article 17:

It is understood that personal data collected in the context of receiving reports are deleted within three (3) months from the date of completion of the procedure:

It is further understood that, in the event that judicial or disciplinary proceedings have been initiated against the person reported or the person reporting, the personal data are retained for the entire duration of such proceedings, including in the event of an appeal or objection, and, after one (1) year has passed since their completion, they are deleted.

(2)(a) In the event that a telephone line or other telephone messaging system with recording of the conversation is used for the submission of a report, subject to obtaining the consent of the reporter, legal entities in the private and public sectors and competent authorities have the right to document the oral submission of a report in one of the following ways:

(i) By recording the conversation in a permanent and retrievable form;

(ii) with full and accurate record keeping of the minutes of the conversation by the staff members responsible for handling the report.

(b) Legal entities in the private and public sectors and the competent authorities shall in any case provide the complainant with the opportunity to verify, correct and agree with the transcription of the conversation by signing it.

(3)(a) In the event that a telephone line or other telephone messaging system without recording the conversation is used for the submission of a report, legal entities in the private and public sectors and competent authorities have the right to document the oral submission of a report, in the form of precise minutes of the conversation drawn up by the staff members responsible for handling the report.

(4)(a) In the event that a person requests a meeting with the relevant staff members of the legal entities in the private and public sectors or of the competent authorities to submit a report in accordance with subsection (2) of section 9 and paragraph (c) of section 13, the legal entities in the private and public sectors and the competent authorities shall ensure, subject to the consent of the reporter, that full and accurate minutes of the meeting are kept in a durable and retrievable form.

(b) Legal entities in the private and public sectors and competent authorities have the right to keep minutes of the meeting in one of the following ways:

(i) By recording the conversation in a permanent and retrievable form;

(ii) with accurate minutes of the meeting drawn up by the staff members responsible for handling the report.

(c) Legal entities in the private and public sectors and the competent authorities shall in any case provide the petitioner with the opportunity to verify, correct and agree with the minutes of the meeting by signing them.

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CHAPTER VI-PROTECTION MEASURES
Prohibition of retaliation
20.-(1) Natural and legal persons in the private and public sectors who are subject to the provisions of this Law are prohibited from taking any form of retaliation against a person referred to in article 5, including threats and attempts at retaliation.

(2) The retaliation referred to in subsection (1) may, inter alia, take the following form:

(a) Suspension, dismissal or equivalent measures;

(b) demotion or deprivation of promotion;

(d) deprivation of training;

(e) negative performance evaluation or negative professional recommendation;

(f) imposing or applying discipline, reprimand or other disciplinary measure, including a fine;

(g) coercion, intimidation, harassment or marginalization;

(h) discrimination, disadvantage or unfair treatment;

(i) failure to convert a temporary employment contract into a permanent one, while the employee had a justified belief that he would be offered permanent employment;

(j) non-renewal or early termination of a temporary employment contract;

(k) harm, including damage to reputation, particularly on social media, or financial loss, including business loss and loss of income;

(l) blacklisting based on a sectoral or industry-wide formal or informal agreement, which may mean that the person will not find employment in the sector or industry in the future;

(m) early termination or cancellation of a contract for goods or services;

(n) cancellation of a permit or approval;

(o) referral for psychiatric or medical monitoring;

(p) unilateral detrimental change in working conditions.

(3) In a case where retaliation of any kind has been imposed on a person to whom the provisions of article 5 apply, that person may request from the legal person in the private or public sector to restore the situation to the state in which it was before the imposition of the retaliation, provided that this is objectively possible and does not become disproportionately burdensome for the person liable:

It is understood that the obligated party may not invoke that restoring things to the situation they were in before the imposition of the retaliatory sanctions is objectively impossible or becomes disproportionately burdensome, due to events that occurred as a result of his own actions.

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Support measures
21.-(1) A person as provided for in article 5 has access, as the case may be, to the following support measures:

(a) Easy and free access for the public to full and independent information and advice on the procedures and remedies available for protection against retaliation and their rights.

(b) effective assistance from the competent authorities before any authority involved in their protection against reprisals;

(2) The requirement for such access is satisfied by the drafting, by legal entities in the private and public sectors and the competent authorities, of a special form which includes necessary information, advice and means of legal protection and which is made available by appropriate means to any interested person.

(3) The Ministry of Justice and Public Order shall ensure, by every appropriate means, in particular through the internet, that the relevant information is provided to the general public.

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Protection of a petitioner as a witness in criminal proceedings

A person who makes a report and subsequently participates as a witness in any criminal proceedings related to the report is considered a witness in need of assistance, in accordance with the Witness Protection Law and all or any of the measures provided for in Part III of the said Law shall apply, as the case may be:

It is understood that, at the discretion of the Attorney General of the Republic, such a person may be included in the Witness and Justice Collaborators Protection Scheme, in which case the provisions of Part IV of the Witness Protection Law shall also apply.

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Measures to protect against retaliation
23.-(1) A person, by the provisions of article 5, is protected against retaliation, and

(a) subject to subsections (3) and (4) of section 4, when reporting information relating to breaches or making a public disclosure in accordance with the provisions of this Law, he shall not be deemed to be in breach of any restriction on the disclosure of information and shall not be liable whatsoever in relation to such reporting or public disclosure, provided that he had reasonable grounds to believe that the reporting or public disclosure of such information was necessary to disclose a breach in accordance with this Law.

(b) shall not be liable in relation to the acquisition of information or access to information reported or disclosed publicly, in accordance with the provisions of this Law, provided that such acquisition or access does not constitute a criminal offence in itself:

It is understood that any other possible liability of a reporter arising from an act or omission that is not related to the report or public disclosure or that is not necessary for the disclosure of a violation, in accordance with this Law, continues to be governed by the applicable Union and/or national law.

(c) has access to legal remedies against retaliation, including, inter alia, interim measures pending the outcome of legal proceedings.

(d) shall have no liability whatsoever arising from reports or public disclosures made, in accordance with the provisions of this Law, in the context of legal proceedings, including, among others, proceedings for defamation, infringement of intellectual property rights, breach of the obligation to maintain confidentiality, breach of the rules for the protection of personal data, disclosure of trade secrets, or for claims for compensation under private, public or collective labor law:

It is understood that the person in question has the right to invoke such report or public disclosure to request the dismissal of the action, provided that at the time of the report or public disclosure he had reasonable grounds to believe that it was necessary to reveal a violation, in accordance with this Law.

(e) has full access to legal remedies and compensation for the damages suffered.

(2) In the context of civil judicial or other proceedings concerning harm suffered by a person as provided for in section 5, and subject to the fact that the person in question proves that he made a report or made a public disclosure and suffered harm, it shall be presumed that the harm was caused in retaliation for the report or public disclosure, unless the person who took the measure causing the harm proves that the measure in question was based on duly justified reasons.

(3) A person who reports or publicly discloses information regarding violations falling within the scope of this Law, which include trade secrets, and such person meets the conditions set out in this Law, such reporting or disclosure shall be considered lawful, under the conditions set out in subsection (2) of article 4 of the Protection of Know-how and Undisclosed Business Information (Trade Secrets) from Their Unlawful Acquisition, Use and Disclosure Law.

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Judicial protection and burden of proof
24.-(1) Any person who considers that he is affected by a violation of the provisions of this Law may claim his rights before a competent court, even if the relationship in the context of which it is alleged that the violation occurred has ended, and may use any appropriate and legal means to establish the violation and any damage suffered as a result thereof.

(1A) Subject to the provisions of subsection (1), a person who considers that he is aggrieved by a violation of the provisions of this Law may file an application for the issuance of a temporary order to prevent or terminate retaliation, threats and attempts at retaliation, within twenty-one (21) days from the date on which the incident that constitutes the violation occurred.

(2) In any judicial proceeding, other than a criminal one, if the party claiming to be affected by a violation of the provisions of this Law establishes facts from which the violation is presumed, the burden of proving that there has been no violation of the provisions of this Law shall be borne by his opposing party.

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Competent courts and sanctions
25.-(1) Subject to the exclusive jurisdiction of the Supreme Constitutional Court, the Court of Appeal and the Administrative Court, pursuant to the provisions of Article 146 of the Constitution, and unless this Law provides otherwise, the Labour Disputes Court has jurisdiction to adjudicate labour disputes.

(2) In the event of an action before the District Court, pursuant to the provisions of paragraph 6 of Article 146 of the Constitution, and provided that the conditions of the substantive right to just and reasonable compensation are met, the competent District Court shall award the beneficiary the greater of the following two amounts:

(a) The award, pursuant to the provisions of paragraph 6 of Article 146 of the Constitution, of just and reasonable compensation; or

(b) the entire positive damage, including overtime pay, and financial compensation for any moral or physical harm to the plaintiff caused by the decision, act or omission, which was declared invalid in accordance with paragraph 4 of Article 146 of the Constitution.

(3) The Labor Disputes Court awards fair and reasonable compensation, which covers at least the entire positive damage, including overtime pay, and includes financial compensation for any moral or physical harm to the applicant caused by the offender:

It is understood that, in any case, legal interest is added to the above amount awarded from the date of the violation until the date of full payment of the compensation.

(4) Notwithstanding the provisions of article 3 of the Termination of Employment Law, in the event of dismissal in violation of the provisions of this Law, the Labor Disputes Court, in addition to awarding compensation under subsection (3) and without examining the good or bad faith of the employer, shall order the re-employment of the employee and oblige the employer to accept his services, provided that the employee has requested it as a remedy:

It is understood that, in the event of re-employment, the employee, if he has been awarded compensation under subsection (3), is not entitled to retroactive payment of wages or other benefits, however, the period of dismissal is considered as service for all other purposes.

(5) Without prejudice to the generality of the provisions of subsection (1) of article 6 of the Termination of Employment Law, which apply to cases of dismissals made in violation of the provisions of this Law, when the Labour Disputes Court adjudicates the disputes referred to in subsection (1), the provisions of subsection (2) of article 24 shall apply in relation to the reversal of the burden of proof.

(6) In the event that the decision of the competent Court for compensation is based on an act or omission of a public servant, the provisions of article 70 of the Public Service Law shall apply.

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Retaliatory actions against a petitioner

The dismissal of a complainant, as well as any detrimental change in employment conditions or retaliatory measure, is absolutely invalid, unless the employer proves that the dismissal or detrimental change is due to a reason unrelated to the complaint being made by him.

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Employer’s obligation to contribute
27.-(1) Every employer shall protect his employees from any act of their superior or a person responsible for them or any other employee which constitutes retaliation for making a report.

(2)(a) Every employer, as soon as he becomes aware of specific retaliation due to making a report, shall take all appropriate measures to eliminate and prevent the repetition of the retaliation, as well as to eliminate its consequences.

(b) In the event that an employer fails to take the measures referred to in paragraph (a), he is an accomplice with the person who committed the said acts, in accordance with the provisions of article 11 of the Civil Offences Law.

(3)(a) Every employer shall take all appropriate and timely measures to prevent the acts provided for in subsection (1):

It is understood that, for the purposes of this subsection, the establishment of a code of conduct to prevent the acts provided for in subsection (1) and the taking of practical measures for the implementation of the provisions of this code is considered to be the taking of appropriate and timely measures.

(b) In the event that an employer does not take the measures provided for in paragraph (a) and the acts provided for in subsection (1) are committed against an employee of the complainant, then he is an accomplice with the person who committed the said acts, in accordance with the provisions of article 11 of the Civil Offences Law.

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Measures for the protection of the mentioned
28.-(1) This Law does not affect the provisions of Union and/or national law regarding the rights to an effective remedy before a competent and impartial tribunal, as well as the presumption of innocence and the rights of the defence, including the right to be heard and the right of access to the file.

(2) The identity of the person reporting shall be protected throughout investigations initiated based on the report or public disclosure.

(3) The rules set out in Articles 13, 18 and 19 regarding the protection of the identity of the complainant shall also apply to the protection of the identity of the person reported.

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Actionable right to compensation

Without prejudice to any other remedy or remedy provided under the provisions of any other Law or Regulations, a person who has suffered damage from false or misleading reports or false or misleading public disclosures has an actionable right against the reporter.

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Prohibition of withdrawal of rights and remedies

The rights and remedies provided for in this Law may not be waived or limited by any agreement, policy, form or term of employment, including an agreement to arbitrate before a dispute arises.

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PART III PROTECTION OF PERSONS REPORTING VIOLATIONS OF NATIONAL LAW
CHAPTER I-SCOPE
Material scope of application

This Part defines the protection enjoyed by persons who state the following:

(a) Acts or omissions related to the commission or possible commission of a criminal offence and in particular corruption offences;

(b) acts or omissions relating to a person’s failure to comply with any legal obligation imposed on him;

(d) violations that cause or are likely to cause damage to the environment.

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Personal scope
32.-(1) The provisions of this Law shall apply to persons who-

(a) they work in the private or public sector and have obtained information regarding violations in a work context and these are persons who-

(i) have the status of worker within the meaning of that term in the provisions of paragraph 1 of Article 45 TFEU, including civil servants:

It is understood that the definition of the term “worker” includes the term “employee”;

(ii) have the status of self-employed person within the meaning attributed to this term by the provisions of Article 49 of the TFEU: It is understood that the definition of the term “self-employed person” includes the term “self-employed person”;

(iii) have the status of shareholder or belong to the administrative, management or supervisory body of an undertaking, including non-executive members, volunteers and paid or unpaid interns;

(iv) work under the supervision and instructions of contractors, subcontractors and suppliers;

(b) report or publicly disclose information relating to violations, which was obtained in the context of an employment relationship that has since ended;

(c) have not commenced the employment relationship, in the event that information regarding violations has been obtained during the recruitment process or at another stage of negotiation prior to the conclusion of a contract or the commencement of employment.

(2) The measures for the protection of complainants set out in Chapter V shall apply, on a case-by-case basis, to-

(a) intermediaries.

(c) legal entities, which the petitioner owns, for which he works or is otherwise connected by an employment relationship.

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Conditions for the protection of complainants
33.-(1) A person, as provided for in section 32, who reports violations relating to acts specified in section 31, has the right to protection under the provisions of this Part, provided that-

(a) had reasonable grounds to believe that the information relating to violations reported was true at the time of the report and that such information fell within the scope of this Part . and

(b) submitted a report either internally, in accordance with section 34, or externally in accordance with section 35, or made a public disclosure, in accordance with section 36:

It is understood that, in the event that a person has reported or made public information regarding violations anonymously, but has subsequently been identified and suffers retaliation, he or she has the right to protection under the provisions of Chapter V, provided that he or she meets the conditions set out in this subsection.

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CHAPTER II-INTERNAL REPORTING
Reporting through internal reporting channels

A person referred to in Article 32 may provide information regarding violations, initially through the internal reporting channels provided for in Chapter II of Part II, in accordance with the procedures provided for in that Chapter, before reporting to a competent authority, in cases where the violation can be effectively addressed internally and where the reporting person considers that there is no risk of retaliation:

It is understood that the provisions of Chapter V of Part II shall apply mutatis mutandis to reports made pursuant to the provisions of this Part.

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CHAPTER III-EXTERNAL REFERENCE
Reporting through external reporting channels
35.-(1) Without prejudice to paragraph (b) of subsection (1) of section 36, the reporter shall report information regarding violations using the channels and procedures provided for in sections 11 and 12, after having previously submitted a report through the internal reporting channel, or by submitting a report directly to a competent authority:

It is understood that the provisions of Chapter V of Part II apply mutatis mutandis to the references in this Part.

It is understood that the complainant has an obligation to inform the internal reporting channel to this effect.

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CHAPTER IV-PUBLIC DISCLOSURE
Public disclosure
36.-(1) A person referred to in article 32 who makes a public disclosure regarding violations falling within the scope of this Part is entitled to protection under the provisions of Chapter V, if any of the following conditions are met:

(a) The complainant has previously submitted a complaint internally and externally, or only externally, in accordance with Chapters II and III, but no appropriate action is taken in response to the complaint within the time period provided for in paragraph (e) of subsection (1) of section 9 and paragraph (d) of subsection (1) of section 12; or

(b) has reasonable grounds to believe that-

(i) the breach may constitute an immediate or manifest risk to the public interest and/or public health, including in cases of emergency or risk of irreversible harm; or

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CHAPTER V-PROTECTION MEASURES
Prohibition of retaliation and protective measures

The provisions of Chapter VI of Part II shall apply mutatis mutandis to the cases of this Chapter and persons falling within the personal scope of application provided for in Article 32 shall enjoy the same protection measures as listed in Chapter VI of Part II.

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Leniency measures in case of cooperation with law enforcement authorities

Regardless of the penalties provided for in any Law relating to corruption offences-

(a) the maximum penalty that may be imposed by the court on a person convicted, upon his own admission, of committing or participating in a corruption offence involving bribery of a public official or official, is half of the maximum penalty provided for in the relevant law for the offence of corruption, if as a result of his substantial cooperation with the prosecuting authorities, criminal prosecution was initiated against the public official or official.

(b) the maximum penalty that may be imposed by the court on a public official or official who is convicted, upon his own admission, of committing or participating in a corruption offence, is half of the maximum penalty provided for in the relevant law for the offence of corruption, if as a result of his substantial cooperation with the prosecuting authorities, criminal prosecution was initiated against other, more senior public officials or officials for their participation in the offence, and if he transfers to the public any material benefit received from him.

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PART IV CRIMINAL OFFENCES
Criminal liability of a natural person
39.-(1) A natural person who-

(a) obstructs or attempts to obstruct the filing of a report. or

(b) takes retaliatory action against a person as provided for in articles 5 or 32. or

(d) violates the obligation to maintain the confidentiality of the identity of the reporter, as referred to in article 17.

is guilty of a criminal offence and, if convicted, is liable to a term of imprisonment not exceeding three (3) years or to a fine not exceeding thirty thousand euros (€30,000) or to both.

(2) A person who knowingly makes false reports or false public disclosures is guilty of a criminal offence and, on conviction, is liable to a term of imprisonment not exceeding three (3) years or to a fine not exceeding thirty thousand euros (€30,000) or to both.

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Criminal liability of a legal person
40.-(1) A legal person shall bear the same liability and may be prosecuted for any offence provided for in this Law which is committed on behalf of the said legal person by any person acting either individually or as a member of a body of that legal person and/or exercising within the legal person a managerial power, which is based either on a power of representation or on a power of decision-making on behalf of the legal person or on a power of exercise of control within the legal person.

(2) Without prejudice to the provisions of subsection (1), a legal person shall bear the same liability and may be prosecuted in the event that the lack of supervision or control on the part of the person referred to in subsection (1) makes it possible for any offence provided for in this Law to be committed on behalf of the legal person by a person hierarchically subordinate to it.

(3) In the event that a legal person is found guilty pursuant to subsections (1) and (2), it shall be subject to a fine not exceeding thirty thousand euros (€30,000).

(4) The failure to take remedial measures pursuant to the provisions of subsection (3) of article 20 by a person in the private or public sector shall be considered an aggravating factor.

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PART V 41.-(1) The Council of Ministers may issue Regulations for the regulation of any matter arising from the provisions of this Law and which requires or is amenable to further regulation.
Decrees and Regulations
41.-(1) The Council of Ministers may issue Regulations for the regulation of any matter arising from the provisions of this Law and which requires or is amenable to further regulation.

(2) [Deleted].

(3) The Council of Ministers, upon a proposal from the Minister of Justice and Public Order, may determine by decree additional competent authorities for the purposes of this Law.

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Obligation of the Ministry of Justice and Public Order to post a list of competent authorities
41A. The Ministry of Justice and Public Order, for the convenience of the public for the purposes of submitting an external report under articles 11 and 35 of this Law, posts on its website a list of all competent authorities.

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Obligation of competent authorities to inform the Ministry of Justice and Public Order
41B. The competent authorities shall inform the Ministry of Justice and Public Order in the first month of each year of the number of reports they received through an external reporting channel during the previous year.

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Transitional provision

A private sector legal entity with fifty (50) to two hundred and forty-nine (249) employees shall establish the channels and procedures for internal reporting, as provided for in article 8, by December 17, 2023.

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ANNEXES
ANNEX
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