Resolution of the European Parliament 2016/2224 (INI) of 24 October 2017 defines a whistleblower as a person who reports or discloses truthful information in the public interest regarding illegal or prohibited acts or acts which constitute a threat or cause harm which harm the public interest or jeopardize danger, in general, but not limited to, in connection with a whistleblower's employment relationship in the public or private sector, other contractual (legal) relationship, or activity in a trade union or association...
In the light of Art. 5 point 7 of Directive 2019/1937, a whistleblower is a "reporting person", which means a natural person who reports or discloses public information on violations obtained in the context related to work performed in the public or private sector. Reporting people must have reasonable grounds to believe that the information contained in their report is correct at the time it is made.
The protection of the law covers both people employed on the basis of an employment relationship and those who remain in non-employee employment. In particular, people cooperating under civil law contracts. A self-employed person who at the same time cooperates with another enterprise who learns about infringements of the law in connection with the professional contacts, may also become a whistleblower. A whistleblower can be any natural person who reports irregularities in the context related to the work performed by him.
A whistleblower may be an employee, a self-employed person, a principal, a contractor, a consultant, a volunteer, an intern, an apprentice and an entity with which the employer does not have a legal relationship (eg a candidate participating in the recruitment process). All these people are legally protected and will be able to safely report any irregularities they notice. They will receive a legal instrument to control the legality of the actions of their associates and contractors.
The directive provides all whistleblowers with protection against all possible negative consequences on the part of the employer, in particular dismissal, omission from promotion, demotion, refusal to consent to training, negative annual assessment, non-renewal of the contract and even threats and ostracism.
In accordance with the principle of confidentiality of the identity of people reporting breaches - the signaling system must protect the identity of the reporting person, and unauthorized people cannot have access to their identity.