Managing anonymous whistleblowing reports: internet consultation launched

At a glance

• Employers must receive and process anonymous reports of suspected wrongdoing, as required by the Dutch Whistleblower Protection Act.
• The Dutch government has now submitted a draft decree for internet consultation which sets out the requirements to be met by independent whistleblowing officers who receive anonymous reports of suspected wrongdoing and the requirements to be met anyone who makes an anonymous report to their employer.
• The proposed decree sets minimum requirements to ensure the anonymity of reporters and to ensure the independence and expertise of whistleblowing officers. 

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On 2 April 2024, the Dutch government launched a six-week internet consultation on a Decree on Anonymous Reporting of Suspicions of Misconduct (Decree), which will implement Article 2, paragraph 2 (e) and (f) of the Dutch Whistleblower Protection Act.

The Decree emphasises the importance of ensuring the anonymity of reporters and the independence of the designated whistleblowing officers who receive these reports. The aim is to enable employers to comply with the new requirements without major adjustments by setting general standards rather than very specific requirements. This should avoid employers having to hire new employees to meet the requirements.

The Decree outlines the following guidelines in relation to anonymous reporting:

• Employers must record which staff member will perform the role of whistleblowing officer and be designated to receive anonymous reports of suspected wrongdoing.
• Agreement should be reached between the person making the report and the designated staff member on how the reporting party wishes to be contacted during the reporting process.

The employer is required to designate at least one staff member as a whistleblowing officer who must meet the following requirements:

• They must not hold a managerial position or be involved in the recruitment, hiring, or firing of employees.
• They must be knowledgeable and experienced in reviewing and following up on reports, as well as informing reporters of the risks.
• They must ensure the anonymity of the reporting person and, if the identity of the reporter becomes known, ensure that it is not disseminated further.
• Annually, they must report in writing to the highest authority of the employer and to the works council or employee representation on reports received.

To ensure the anonymity of a person making a report who is protected by the Decree, the employer has an obligation to ensure the independence of the designated whistleblowing officer and must provide the necessary time, space and resources for them to be able to perform the function.

The internet consultation closes on 14 May 2024.