Whistleblowing

Whistleblowing

The Law of 16 May 2023 protects whistleblowers working in the private or public sector who have obtained information on breaches in a professional setting. This includes, for example, workers and members of administrative bodies, volunteers and interns, persons working under the supervision and direction of contractors, subcontractors and suppliers, as well as third parties who are related to whistleblowers, such as colleagues or relatives.

Internal reporting

Persons wishing to report breaches of the law may do so internally by contacting the National Library in French, Luxembourgish, German or English:

Once a report has been made, an acknowledgement of receipt is sent to the whistleblower within seven days and feedback shall be guaranteed within three months.

This reporting channel is intended only for people who have a professional relationship with the BnL. If you are a user and would like to submit a complaint, please use our contact form.

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External reporting

Persons wishing to report breaches of the law may do so using external reporting channels and procedures after having reported via internal reporting channels or by reporting directly via external reporting channels.

The procedure and follow-up for reports made to a competent authority are much the same as for internal reports, with a few exceptions:

  • The competent authorities may decide that a reported breach is clearly minor and requires no further action other than closure.
  • The competent authorities may not act on a repeat report containing no new information.

External channels

The law lists the competent authorities in article 18:

  • The Luxembourg Financial Services Authority - CSSF
  • The Luxembourg Insurance Commission - CAA
  • The Luxembourg competition authority
  • The Luxembourg Registration Duties, Estates and VAT Authority - AED
  • The Luxembourg Inspectorate of Labour and Mines - ITM
  • The Luxembourg Data Protection Commission - CNPD
  • The Luxembourg Equal Opportunities Centre - CET
  • The Mediator, as part of his mission to carry out external checks on places where people are deprived of their liberty
  • The Ombudsman for children and youth
  • Luxembourg Regulatory Institute - ILR
  • Luxembourg Independent Regulator for Audiovisual Media Services - ALIA
  • Luxembourg and Diekirch Bar Association
  • Luxembourg Chamber of Notaries
  • Luxembourg Medical Board
  • Nature and Forest Administration - ANF
  • Water Management Administration - AGE
  • Air Navigation Administration - ANA
  • National Consumer Ombudsman Service
  • Order of Architects and Consulting Engineers - OAI
  • Luxembourg Association of Chartered Accountants - OEC
  • Luxembourg Institute of Auditors - IRE
  • Luxembourg Direct Tax Administration – ACD

Legal protection

The law establishes the status of the “whistleblower”, who enjoys protection under the following conditions:

  1. the whistleblower shall have reasonable grounds for believing that information on breaches was true at the time of reporting and that this information falls within the scope of application of this law, and
  2. the report has already been made internally or externally via the channels provided for this purpose or a public disclosure has been made in accordance with the applicable provisions.

Persons who have reported or disclosed information on breaches anonymously but who are subsequently identified and subjected to retaliation shall enjoy the protection provided by this law. The same applies to persons reporting breaches to competent European Union institutions, bodies, offices or agencies.

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