Whistleblowing in Italy, Austria, Estonia, France, Ireland, Romania and Slovenia

1.1. Definition

For most of the countries, a whistleblower is a person who reports information on breaches of which he/she has learned in the context of work-related activities. 

This definition is part of the one given by the Directive, which adds, however, that whistleblowers are also those who make - in specific circumstances - a public disclosure. 

However, it should be noted that in the Slovenian Integrity and Anti-Corruption Act, whistleblowers are referred to as “any person who reports instances of corruption”, regardless of whether knowledge of such corruption was acquired in the context of an employment relationship. 

•  in France and Romania whistleblowers are expressly defined by law;

• in Slovenia and Italy, they are only defined implicitly; 

• Irish law does not define the whistleblower but the “protected disclosure”;

• in Austria and Estonia there is no special legal definition. 

The requirement of good faith differs greatly from one country to the other:

• Romania, Slovenia and France expressly require the whistleblower’s good faith. The latter also adds that the report must be made “in a disinterested manner”, while the Slovenian Act also requires the whistleblower reasonably to believe that the information, as provided, is true;

• in Ireland, as well as in the Directive, acting in good faith is seen to be acting in the reasonable belief that the disclosure is substantially true;

• in Italy, whistleblowers must report in the interest of the integrity of the public administration or the private entity. 

The catalogue of breaches that may be reported is wide and varied.  The Directive has adopted a broad notion of breaches falling within its scope, which also includes abusive practices, i.e. acts or omissions that do not appear to be unlawful in formal terms but which defeat the object or the purpose of the law. 

• The Irish, Romanian and French laws provide a list of wrongdoings that may be reported, while in Italy, this is included in the Guidelines of the National Anti-Corruption Authority. 

• Romania adds to violations of laws also the breach of professional ethics or the principles of proper administration, efficiency, effectiveness, economy and transparency, and expressly indicates a breach of legal provisions regarding public procurement. 

• France also adds the possibility of reporting “a serious threat or prejudice to the general interest”. 

• Conversely, the subject of the reports is somewhat limited in Slovenia and Estonia, where whistleblowers may only report corruption. Irish law specifies, like the Directive, that the reasons for disclosure are irrelevant.