WIN Press release – New EU Directive on whistleblower protection

WIN URGES EU GOVERNMENTS TO TAKE NEW WHISTLEBLOWER DIRECTIVE SERIOUSLY TO STRENGTHEN PUBLIC INTEREST OVERSIGHT AND DEMOCRATIC ACCOUNTABILITY

17 APRIL 2019 – An international network of whistleblower protection NGOs calls on EU governments to adopt both the spirit and detail of the new EU whistleblower protection directive in their national legal frameworks, or risk further scandals and disasters that undermine public confidence in their ability to promote and safeguard the public interest.

Yesterday (16 April 2019), the European Parliament voted in an overwhelming majority to adopt a new law to protect European whistleblowers. The EU has raised the bar for all EU governments to lead the world in promoting gold standard protections for whistleblowers who raise concerns about wrongdoing or abusive practices that affect us all – whether in our how money is handled in financial institutions, the quality and safety of the food we eat, the water we drink, the air we breathe, the trains and planes we travel on and the care of our elderly and vulnerable.

Landmark cases such as #LuxLeaks and #PanamaPapers have revealed how scandals that start in one country quickly spread to others, as the range of actors involved and the jurisdictions affected are revealed. Similarly, the European tainted-egg scandal started in the summer of 2017 in the Netherlands and Belgium and by 11 August, the European Commission announced that a total of 15 EU states, plus Switzerland and Hong Kong, were known to have received egg products contaminated by an insecticide harmful to human health.

WIN, whose NGO members advise, defend, and protect whistleblowers, has advocated for years for better legal and institutional protections in all European countries. The need for the EU to act across all 28 member states became more urgent and obvious as whistleblowers increasingly revealed serious corruption and the harm caused by wrongdoing and negligence that was no longer contained by national borders.

The EU legislation follows campaigning by WIN in a wider coalition organised by Eurocadres (association of unions) that included Transparency International Europe and journalist and press freedom organisations. The ground-breaking legislation must become national law across all EU members by May 2021.

WIN’s Executive Director and lawyer, Anna Myers, highlights the hard work of civil society, “We came together with different skill sets and missions from across Europe to advocate for stronger legal protections for whistleblowers and yesterday we got it!”

“But we also know that there has been reluctance, lack of understanding, and from our long experience in the field, often a determination to block whistleblower protection from being the progressive, democratic accountability mechanism it should be,” she said. “We still have our work cut out for us. The EU Directive is not perfect. WIN will continue to support civil society to collaborate across borders to ensure EU governments live up to both the detail and the spirit of the law.”

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WIN joins European and Latin American NGOs in pledge to improve whistleblower protection

WIN is proud to announce that it has joined a number of non-governmental organisations (NGOs) in Europe and Latin America in an agreement to support and collaborate on activities and advocacy designed to promote effective whistleblower protection in Latin America.

WIN was amongst key European and Latin American NGOs active in the area of whistleblower protection who gathered at the Universitat Politècnica de València’s recent conference on whistleblowing. These organisations formalised their agreement on 1st April 2019 and signed a declaration of solidarity and collaboration – the Valencia Declaration.

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WIN and its European member-organisations such as Whistleblowers-Netzwerk and Maison des Lanceurs d’Alerte have signed the declaration. These organisations working in coalition with many others, including unions, played a central role in the recent advocacy drive in Europe which helped shape effective and comprehensive legislation at the EU level. The result is a new EU Directive on Whistleblower Protection which will be adopted by the European Parliament in mid-April 2019.

The success of civil society advocacy in Europe demonstrates how coordination and collaboration between organisations based in different countries can improve the protection of those reporting in the public interest. These organisations will work with a range of other European and Latin American NGOs including FIBGAR – the Spanish and Latin American foundation on human rights, and Ciudadania Inteligente of Chile, to share experiences, support, and raise awareness among civil society in Latin America. It is vital that civil society engage in these collaborative initiatives to protect whistleblowers, combat corruption and address impunity across all jurisdictions.

WIN has been supporting organisations in Latin America since the network’s inception, but the Valencia Declaration marks the start of a sustained and (no doubt) fruitful relationship between WIN and NGOs from all over Latin America. We are especially excited and grateful for this opportunity to participate in a focused and coordinated collaboration and for the chance to exchange expertise and resources with esteemed colleagues in Europe and Latin America.

The Valencia Declaration is also available in Spanish.

17th April 2019: Event at European Parliament on the future of new Whistleblower Directive

Civil society has organised an event, EU Protection for Whistleblowers: the Future of the New Directive, on 17th April 2019 at the European Parliament to mark the adoption of a new directive to protect whistleblowers in Europe. Parliamentarians from the European Parliament and the Council of Europe as well as civil society advocates and guest speaker, Antoine Deltour of #LuxLeaks, will meet to discuss what this new directive can and should mean for Europe.

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In the final session before the EU elections, the European Parliament will vote for a new EU Directive to protect whistleblowers in Europe. WIN and its members were delighted and wholly committed to working with Eurocadres, Transparency International Europe, and many other civil society organisations participating in a range of advocacy efforts.

As the scandals revealed by whistleblowers in the #LuxLeaks and #PanamaPapers investigations continue to reverberate around Europe and the world, and new information sheds light on wrongdoing affecting our financial systems, our food, and our environment, civil society played an essential role in ensuring that the new EU directive provided a sound basis on which we can all work to protect whistleblowers in Europe. The coordinated and collaborative work of those involved demonstrates just what can be achieved when civil society actors bring their combined expertise to bear on decisions that will affect the whole of Europe.

Join us as we assess the impact of this breakthrough in the ongoing campaign for effective whistleblower protection and as we take a moment to prepare for the work ahead. Our work now is to turn legal rights into active protection and to advance whistleblowing disclosures to achieve lasting change in the public interest!

For more background, see cases from each of the EU Member States which demonstrate the public interest importance of legal, institutional and public support for individual whistleblowers. 

Calling for whistleblowing is not a crime: the case of the German peace activist

WIN is pleased to highlight the case of peace activist Hermann Theisen where the Court applied the provisions of the EU directive on trade secrets to acquit Mr. Theisen of criminal charges. Mr. Theisen’s case is an important contribution to the ongoing debates surrounding whistleblower protection in Germany. More broadly, though, this case is a landmark, setting the standard of how the trade secrets directive can be used as a conduit for whistleblower protection – a surprising and welcome turnaround for legislation that has a less than favourable reputation amongst many working to support and defend whistleblowers in the EU.

We are grateful to The Society for Civil Rights (GFF) for providing the summary of this case reproduced below.


In 2018, several lower courts in Germany convicted peace activist Hermann Theisen for calling on employees of weapons manufacturers to expose the illegal activities of their employers.

The Society for Civil Rights (GFF) supported Mr. Theisen in his appeal procedures to get these courts to recognise that neither whistleblowing in the public interest nor the call for it are criminal offences.

On 16 January 2019, the Munich District Court became the first court to acquit Mr. Theisen on these charges.

Hermann Theisen is not a whistleblower – but he wants to encourage others to blow the whistle. To fight illegal arms exports, he regularly hands out leaflets to the employees of weapons manufacturers close to their company premises. In these leaflets, he asks employees to consider blowing the whistle on illegal activities of their employers, such as violations of export restrictions. The leaflets also describe the legal risks that whistleblowers face.

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