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

1.2. Sector of application

Not all of the compared countries protect whistleblowers in both the public and private sectors, as required by the Directive. 

• In Romania, whistleblower protection in the private sector is only voluntary, and in Estonia there are no specific forms of protection in the private sector.

• In Austria, private sector employees are protected only in the financial and banking sector. However, large enterprises and multinational companies started to implement internal whistleblowng systems to fulfil compliance procedures and good practice recommendations. 

• In Italy, protection in the private sector has only been provided since the end of 2017 and, moreover, it only applies to those corporate entities and associations, including those which are not corporate bodies, that have established organisation and management models, known as “231 models”. The adoption of these models is optional, and they are aimed at excluding or limiting the liability of institutions for crimes committed by individuals in their interest or for their benefit. As far as the public sector is concerned, Italian law applies to public administrations, public economic entities and private law entities under public control in accordance with Art. 2359 of the Civil Code; 
• Irish law applies to all public bodies, such as government departments, local authorities and certain other publicly-funded bodies, which are listed in the law . Rules concerning whistleblowers in Romania apply to public authorities and institutions of the central and local public administrations, apparatus of the Parliament, working apparatus of the Presidential Administration, working apparatus of the Government, autonomous administrative authorities, public institutions of culture, education and health, national state-owned companies, and other representatives of the public sector. 
• In Slovenia, the scope of protection is very broad and extends to public companies and the state administration (state body, local community, a holder of a public authority or other legal persons governed by public or private law), as well as to private companies. 
• French rules are in line with the provisions of the Directive since they apply without distinction to both the public and private sectors; the only difference concerns the thresholds provided for the duty to establish internal reporting channels and procedures for reporting.