Guidance on the Romanian Whistleblowing Law

At a glance

• The National Integrity Agency (Agency) provides guidance on the Romanian Whistleblowing Law, accessible on their website.
• Breaches of law reportable under the law are limited to those listed.
• Outsourcing within the same group is not allowed; information to whistleblowers should be generic without sharing detailed investigation outcomes.

The Agency is the competent authority in the field of whistleblowing. It has begun offering practical guidance on common topics that are not explicitly detailed under the Romanian Whistleblowing Law.

Key clarifications of the guidance

Breaches of law

Breaches of law that can be reported are limited to those areas listed under the Romanian Whistleblowing Law.

Designated department

While the law does not specify a designated department, the Agency suggests that this could include individuals working at the group level. However, this department or function should still be based in the Romanian company and include at least one local employee of the Romanian entity for practical reasons.

Outsourcing

Regarding outsourcing, the Agency indicates that it is not possible within the same group, meaning another foreign entity cannot act as a third-party vendor. Instead, outsourcing is only permissible to an external vendor.

Informing the reporter about the outcome

When informing the whistleblower about the outcome, the Agency advises a prudent approach. The information provided should be kept generic, without sharing the actual investigation report or details on potential disciplinary actions taken against the person concerned or third parties involved.

The guidance can be accessed on the National Integrity Agency’s website.