Source: parlament.gv.at
The Austrian Parliament has published new correspondence on the draft law to transpose the EU Directive on whistleblowing.
The analysis discusses the proposed provisions of the draft Bill, in particular new administrative penalties for those who engage in retaliatory methods against a whistleblower:
“Anyone who obstructs a whistleblower, puts them under pressure through malicious legal proceedings or takes other retaliatory measures is threatened with an administrative fine of up to €20,000 or €40,000 in the event of a repeat offense – apart from claims for damages. The same applies to violations of confidentiality regulations and knowingly false information from whistleblowers. There is no minimum penalty.”
The Chamber of Workers (AK) has also published its opinion on the proposal and urged lawmakers to address limitations of the Bill, in particular, to ensure the new law explicitly extends protection to reports of a wider range of breaches including violations of tax law, employee protection, and commercial criminal law.
“An austerity option that provides protection only for reporting breaches of EU law would be unconstitutional. And in view of the grievances that have been uncovered in recent years, it has to be said that Austria can no longer afford to do things by halves in the fight against corruption and white-collar crime.”
An External Reporting Office has been established in Vienna to receive reports of violations of EU law, following the requirements of the EU Whistleblowing Directive.
The regional government of Vienna has been appointed as the head of the new independent body.
Austria is already delayed in transposing the Directive which should have been fully implemented by all 27 EU member states by 17 December 2021. The Commission has begun infringement proceedings against most EU countries for this delay.