As reported in our previous article, the Whistleblower Directive (2019/1937), adopted on 23 October 2019, protects a broad range of people who acquire information about breaches of European Union law in a work-related context and who decide to make a report.

Member states were given two years to implement its provisions into national laws by 17 December 2021.

In February 2022, the European Commission, commenced enforcement proceedings against delayed or partial implementation by Member states.

On 27 January 2022, letters of formal notice for lack of transposition of the Directive were sent to 24 EU Member States: Belgium, Bulgaria, Czechia, Denmark, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Netherlands, Austria, Poland, Romania, Slovakia, Slovenia, and Finland.

On 8 February 2022, the Commission sent a letter of formal notice also to Portugal and Sweden because of their delayed entry into force of national measures transposing Directive. These two countries implemented the Directive, but the national provisions will become effective at a later date. Portuguese transposition law provides that it will enter into force 180 days after its publication, namely on 19 June 2022, while the transposition measures adopted by Sweden delay the application of some obligations until 17 July 2022. The Commission urged them to apply without delay EU rules to protect whistleblowers.

After receiving a letter of formal notice, Member states have two months to take the necessary measures to remedy the breach of EU law identified by the Commission.

The next step is a ‘reasoned opinion’, which is a formal request to comply with EU law within a stated deadline.

Here you can find an interactive map, updated on 1 March 2022, that shows, country by country, the status of implementation of the Directive across EU jurisdictions.