Whistleblower law in Belgium #
Belgium transposed EU Directive 2019/1937 through the Act of 28 November 2022 on the protection of reporters of breaches of Union or national law in the private sector. Belgium has some of the harshest penalties in the EU, including possible imprisonment for responsible persons.
Law #
Act of 28 November 2022 on the protection of reporters of breaches of Union or national law in the private sector.
Who must comply #
Companies with 50+ employees. Deadline was February 15, 2023 (250+ employees) and December 17, 2023 (50–249 employees). Companies with 250+ workers must also allow anonymous reporting. Source: Van Olmen & Wynant
Penalties #
- Not establishing a reporting channel: prison 6 months to 3 years, and/or criminal fines of €24,000–€576,000 for legal entities. Source: CMS Expert Guide
- Alternative administrative fines of €2,400–€24,000 per worker involved (max 100 workers). Source: Ius Laboris
Enforcement #
Labour inspectorates and criminal courts.