European UnionWhistleblower Directive
Officially Whistleblower Directive, Recording of Oral Reports and Meetings
Directive (EU) 2019/1937, Art. 18(2) and (4)
In force since .
An interception and recording consent rule binding public and private bodies.
- Obligation class
- Consent, Governance
As of .
What it requires
- Directive (EU) 2019/1937 is addressed to the Member States (Article 29), which had to bring into force the measures necessary to comply with it by , and by for the obligation of private-sector legal entities with 50 to 249 workers to establish internal reporting channels (Article 26(1) and (2)), so you meet its rules through each Member State's transposing law.
- It reaches you if you are a legal entity in the private sector with 50 or more workers, a legal entity in the private sector within the scope of the Union acts referred to in Parts I.B and II of the Annex whatever its number of workers, a legal entity in the public sector that your Member State has not exempted, or a competent authority designated to receive reports (Article 8(3), (4) and (9), Article 11(1)): where an oral report is made through a recorded telephone line or another recorded voice messaging system, you may document it, subject to the consent of the reporting person, by making a recording of the conversation in a durable and retrievable form or through a complete and accurate transcript prepared by the staff members responsible for handling the report (Article 18(2)).
- Offer the reporting person the opportunity to check, rectify and agree the transcript of the call by signing it (Article 18(2)).
- Where a person requests a meeting with your staff members for reporting purposes, ensure, subject to the consent of the reporting person, that complete and accurate records of the meeting are kept in a durable and retrievable form, either by recording the conversation in a durable and retrievable form or through accurate minutes of the meeting prepared by the staff members responsible for handling the report (Article 18(4)).
- Offer the reporting person the opportunity to check, rectify and agree the minutes of the meeting by signing them (Article 18(4)).
What this law does
Article 18(2) of Directive (EU) 2019/1937 gives legal entities in the private and public sector and competent authorities, where a recorded telephone line or another recorded voice messaging system is used for reporting and subject to the consent of the reporting person, the right to document the oral reporting by making a recording of the conversation in a durable and retrievable form or through a complete and accurate transcript prepared by the staff members responsible for handling the report.
Those legal entities and competent authorities must offer the reporting person the opportunity to check, rectify and agree the transcript of the call by signing it. Where a person requests a meeting for reporting purposes under Articles 9(2) and 12(2), Article 18(4) requires those legal entities and competent authorities to ensure, subject to the consent of the reporting person, that complete and accurate records of the meeting are kept in a durable and retrievable form.
Those legal entities and competent authorities have the right to document the meeting by making a recording of the conversation in a durable and retrievable form or through accurate minutes of the meeting prepared by the staff members responsible for handling the report. Those legal entities and competent authorities must offer the reporting person the opportunity to check, rectify and agree the minutes of the meeting by signing them.
Article 9(2) requires the internal reporting channels to enable reporting in writing or orally, or both, with oral reporting possible by telephone or through other voice messaging systems and, upon request by the reporting person, by means of a physical meeting within a reasonable timeframe. Article 8(3) applies the obligation to establish internal reporting channels to legal entities in the private sector with 50 or more workers.
Article 8(4) provides that the threshold in Article 8(3) does not apply to the entities falling within the scope of the Union acts referred to in Parts I.B and II of the Annex. Article 8(9) applies the obligation to all legal entities in the public sector, including any entity owned or controlled by such entities. Member States may exempt municipalities with fewer than 10,000 inhabitants or fewer than 50 workers, or other public-sector entities with fewer than 50 workers, from that obligation.
Article 11(1) requires Member States to designate the authorities competent to receive, give feedback and follow up on reports. Article 26(1) required Member States to bring into force the measures necessary to comply with the Directive by . Article 26(2) required Member States to bring into force, by , the measures for the obligation to establish internal reporting channels under Article 8(3) as regards legal entities in the private sector with 50 to 249 workers.
Article 23(1) requires Member States to provide for effective, proportionate and dissuasive penalties applicable to natural or legal persons that hinder or attempt to hinder reporting, retaliate against reporting persons, bring vexatious proceedings against them, or breach the duty of maintaining the confidentiality of the identity of reporting persons.
When LexLint raises it
When your app profile says your app records conversations or processes voice recordings.