28 June 2016
The Dutch House for Whistleblowers Act (to be referred to below as the ‘Whistleblowers’ Act’) will enter into effect on 1 July 2016. The purpose of the Act is to improve the ways to report a concern about wrongdoing within organisations and to afford better protection for those who do so. The Whistleblowers’ Act also provides for the establishment of a national ‘house’ for whistleblowers (to be referred to below as the ‘House’), which will be charged with providing advice and carrying out investigations with respect to the reports of wrongdoing. Many companies already have a whistleblower policy within their organisations for reporting or disclosing unethical conduct on the part of colleagues (anonymously if the reporter wishes), and there are relevant recommendations and/or obligations that ensue from, for example, the Corporate Governance Code, the Sarbanes-Oxley Act and/or codes of conduct that apply in respect of specific sectors and branches of industry.
The Whistleblowers' Act will have immediate effect. In this newsletter, we will explain the most important obligations and points of note for employers on the Whistleblowers’ Act.