Romania: New Whistleblowing Law enters into force on 22 December 2022

Law no. 316/2022 on the protection of public interest whistleblowers (the “Whistleblowing Law”) was published in the Official Gazette of Romania on 19 December 2022 and will enter into force on 22 December 2022, when appropriate internal reporting channels and whistleblowing guidelines will become mandatory for private companies employing 250 or more employees.

Given the Whistleblowing Law’s importance for and impact on the private sector, we have summarized some of the main challenges and obligations companies will face in the coming months:

• All private companies with at least 250 employees (as well as public institutions) will have to identify or implement internal reporting channels and appropriate whistleblowing guidelines by 22 December 2022; 
  
  
• For companies employing between 50 and 249 employees, the obligation to implement proper reporting channels is postponed until 17 December 2023. However, whistleblowing guidelines remain mandatory as of 22 December 2022;
  
  
• It remains mandatory to appoint an internal party responsible for whistleblowing unless registration and management of whistleblowing reports is delegated to specialised service providers;
  
  
• Anonymous whistleblowers will have the same legal protection and anonymous whistleblowing reports are to be registered and managed in the same way as reports from named whistleblowers;
  
  
• The Whistleblowing Law impacts employee relations by introducing the right of a whistleblower to be represented in disciplinary investigations following a whistleblowing report by a lawyer who has been appointed free of charge by the Romanian Bar Association. Moreover, upon the whistleblower’s request, participation by union and/or media representatives in such disciplinary investigations becomes mandatory;
  
  
• The Whistleblowing Law reinforces the prohibition of retaliation against whistleblowers, and a court can require that its rulings on illegal retaliation be published on the company website and in the press;
  
  
• Whistleblowing registers are to be kept for a period of five years, and statistics on incoming whistleblowing reports will become mandatory for companies subject to the obligation to implement internal reporting channels. 

For more information on our specialised services regarding the implementation of the Whistleblowing Law and its implications for companies’ business operations, please contact Alexandru Ene-Dragan and Oana Piticas.