PROTECTION OF THE WHISTLEBLOWER [CAP. 527. 1
PROTECTION OF THE WHISTLEBLOWER ACT
    ARRANGEMENT OF ACT
 Articles
Part I Preliminary and General 1 - 2
Part II Prohibition of Detrimental Action 3 - 8
Part III Disclosures 9 - 18
Section 1 Protected Disclosures 9 - 11
Section 2 Internal Disclosures 12 - 14
Section 3 External Disclosures 15 - 18
Section 4 Public Disclosures 18A
Part IV Of fences and Penalties 19
Part V Regulations and Guidelines 20
Part VI Miscellaneous 21 - 23 
2 [CAP. 527. PROTECTION OF THE WHISTLEBLOWER
CHAPTER 527
PROTECTION OF THE WHISTLEBLOWER ACT
To make provision for procedures in terms of which employees in both
the private sector and the public administration may disclose informationregarding improper practices by their employers or other employees in theemploy of their employers and to protect employees who make saiddisclosures from detrimental action.
15th September, 2013*
ACT VIII of 2013  as amended by Act LXVII of 2021 .
PART I
PRELIMINARY AND GENERAL
Short title. 1. The short title of this Act is the Protection of the
Whistleblower Act.
Definitions.
Amended by:
LXVII.2021.2.2.(1) In this Act, unless the context otherwise requires:
"authority" means the entities prescribed to receive external
disclosures, as listed in the First Schedule;
Cap. 9"bribery" means any conduct in violation of articles 112 or 115
or of article 121 insofar as it extends the application of arti cles 112
and 115 of the Criminal Code ;
"contract of service" means: 
(i) an agreement whether oral or in writing, in any form,
whereby a person binds himself to render service to orto do work for an employer, in return for remuneration;and
(ii) an agreement, even if implied, whereby a person
agrees to render services for or at the request of avoluntary organisation without remuneration;
Cap. 326. "corrupt practices" has the same meaning as is assigned to it b y
article 6 of the Permanent Commission against Corruption Act;
"detrimental action" includes:
(a) action causing injury, loss or damage; and, or
(b) victimisation, intimidation or harassment; and, or
(c) occupational detriment; and, or 
Cap. 9. (d) prosecution under article 101 of the Criminal Code
relating to calumnious accusations and, or;
(e) civil or criminal proceedings or disciplinary
proceedings;
"disciplined force" has the same meaning as assigned to it in
Article 47(1) of the Constitution ;
"disclose" or "to disclose" means the oral or written
*see article 1(2) as originally enacted, and Legal Notice 235 of 2013 .
      
PROTECTION OF THE WHISTLEBLOWER [CAP. 527. 3
communication of information on improper practice;
"employee" means:
(a) any person who has entered into or works under a
contract of service with an employer and includes acontractor or subcontractor who performs work orsupplies a service or undertakes to perform any workor to supply services; or
Cap. 371(b) any person who has undertaken personally to execute
any work or service for, and under the immediatedirection and control of another person, including anoutworker, but excluding work or service performed in
a professional capacity to which an obligation ofprofessional secrecy applies in terms of the
Professional Secrecy Act when such work or service is
not regulated by a specific contract of service and"outworker" means a person to whom articles,materials or services of any nature are given out by anemployer for the performance of any type of work orservice where such work or service is to be carried outeither in the home of the outworker or in some otherpremises not being under the control and managementof that other person; or
(c) any person in employment in the public
administration, including as a member of a disciplinedforce;
(d) any former employee;
(e) any person who is or was seconded to an employer; or
Cap. 492. (f) any volunteer in terms of article 2(1) of the Voluntary
Organisations Act even when such work or service is
not regulated by a specific contract of service;
(g) any candidate for employment only where information
concerning improper practices has been acquiredduring the recruitment process or other pre-contractualnegotiations;
(h) shareholders and persons belonging to the administrative,
management or supervisory body of an undertaking,including non-executive members, and paid or unpaidtrainees;
"employer" means any natural person, legal organisation or
statutory body whether forming part of the public administratio n or
the private sector who:
(a) enters into a contract of service with an employee; or
(b) who employs or engages or permits any other person
in any manner to assist in the carrying on orconducting of his business; or
(c) who seeks to employ other persons,
and shall include a voluntary organisation in relation to volun teers
who render services to such voluntary organisation on a volunta ry
basis or otherwise;
4 [CAP. 527. PROTECTION OF THE WHISTLEBLOWER
"external disclosure" is a disclosure made in accordance with
Section 3 of Part III;
"External Whistleblowing Disclosure Unit" means with respect
to the public administration, such section, body or unit as may  be
established to carry out the functions designated in article 17 ;
"facilitator" means a person who assists a reporting person in the
reporting process in a work-related context, and whose assistan ce
should be confidential;
"feedback" means the provision to the reporting person of
information on the action envisaged or taken as follow-up and o n the
grounds for such follow-up;
"follow-up" means any action taken by the recipient of a disclo sure
or any competent authority, to assess the accuracy of the alleg ations
made in the report and, where relevant, to address the improperpractice reported, including through actions such as an interna l
enquiry, an investigation, prosecution, an action for recovery of funds,
or the closure of the procedure;
"guidelines" means the set of rules issued by an authority, fro m
time to time for the further implementation of the provisions o f this
Act, and any regulations made hereunder;
"improper practice" means an action or a series of actions
whereby:
(a) a person has failed, is failing or is likely to fail to
comply with any legal obligation to which he issubject; or 
(b) the health or safety of any individual has been, is being
or is likely to be endangered; or
(c) the environment has been, is being or is likely to be
damaged; or
(d) a corrupt practice has occurred or is likely to occur or
to have occurred; or
(e) a criminal offence has been committed, is being
committed or is likely to be committed; or
(f) a miscarriage of justice has occurred, is occurring or is
likely to occur; or
(g) bribery has occurred or is likely to occur or to have
occurred; or
(h) a person has failed, is failing or is likely to fail to
comply with any legal obligation on publicprocurement to which he is subject; or
(i) a person has failed, is failing or is likely to fail to
comply with laws on financial services, products andmarkets, and prevention of money laundering andterrorist financing; or 
(j) a person has failed, is failing or is likely to fail to
      
PROTECTION OF THE WHISTLEBLOWER [CAP. 527. 5
comply with product safety and compliance law; or
(k) a person has failed, is failing or is likely to fail in
ensuring transport safety; or
(l) a person has failed, is failing or is likely to fail in
ensuring radiation protection and nuclear safety; or
(m) a person has failed, is failing or likely to fail in
ensuring a food and feed safety, animal health andwelfare; or
(n) a person has failed, is failing or is likely to fail to
comply with any legal obligation on consumerprotection to which he is subject; or
(o) a person has failed, is failing or is likely to fail to
comply with any legal obligation on protection ofprivacy and personal data, and security of network andinformation systems to which he is subject; or
(p) a breach affecting the financial interests of the
European Union as referred to in Article 325 of the
Treaty on the Functioning of the European Union
(TFEU) and further specified in relevant EuropeanUnion measures has occurred or is likely to occur or tohave occurred; or
(q) a breach relating to the internal market, as referred to
in Article 26(2) of the T reaty on the Functioning of the
European Union (TFEU), including breaches ofEuropean Union competition and State aid rules, aswell as breaches relating to the internal market inrelation to acts which breach the rules of corporate taxor to arrangements the purpose of which is to obtain atax advantage that defeats the object or purpose of theapplicable corporate tax law has occurred or is likelyto occur or to have occurred; or
(r) information tending to show any matter falling within
any one (1) of the preceding paragraphs has been, isbeing or is likely to be deliberately concealed: 
   Provided that, in the interpretation of this definition
due account shall be given to the de minimis  rule so that
very minor or trivial matters shall not fall under theprovisions of this Act;
"information on improper practices" means information, includin g
reasonable suspicions, about actual or potential improper pract ices,
which occurred or are very likely to occur in the organisation in which
the reporting person works or has worked or in another organisa tion
with which the reporting person is or was in contact through hi s work,
and about attempts to conceal such breaches;
"internal disclosure" is a disclosure made in accordance with
Section 2 of Part III;
"member", in relation to a disciplined force, includes any pers on
who under the law regulating the discipline of that force, is s ubject
6 [CAP. 527. PROTECTION OF THE WHISTLEBLOWER
to that discipline;
"Minister" means the Minister responsible for justice;
"occupational detriment", means any direct or indirect act or
omission which occurs in a work related context, which is promp ted
by internal or external disclosu res or by public disclosure, an d which
causes or may cause unjustified detriment to the whistleblower and
may include:
(a) suspension, lay-off, dismissal or equivalent measures;
(b) demotion or withholding of promotion;
(c) transfer of duties, change of location of place of work,
reduction in wages, change in working hours;
(d) withholding of training;(e) a negative performance assessment or employment
reference;
(f) imposition or administering of any disciplinary
measure, reprimand or other penalty, including afinancial penalty;
(g) coercion, intimidation, harassment or ostracism;(h) discrimination, disadvantageous or unfair treatment;(i) failure to convert a temporary employment contract
into a permanent one, where the worker had legitimateexpectations that he would be offered permanentemployment;
(j) failure to renew, or early termination of, a temporary
employment contract;
(k) harm, including to the person's reputation, particularly
in social media, or financial loss, including loss ofbusiness and loss of income;
(l) blacklisting on the basis of a sector or industry-wide
informal or formal agreement, which may entail thatthis person will not, in the future, find employment inthe sector or industry;
(m) early termination or cancellation of a contract for
goods or services;
(n) cancellation of a licence or permit; (o) psychiatric or medical referrals;(p) being subjected to any disciplinary action including
for breach of ethics or confidentiality;
(q) being subjected to a term or condition of employment
or retirement which is altered or kept altered to hisdisadvantage:
Provided that, this shall not apply where the action is taken
where the direct or indirect act or omission is administrativel y or
commercially justifiable for organizational reasons; 
"organisation" means any legal entity, whether having legal
      
PROTECTION OF THE WHISTLEBLOWER [CAP. 527. 7
personality or not;
"person" means a natural person;
"person concerned" means a natural or legal person who is refer red
to in the report or public disclosure as a person to whom the i mproper
practice is attributed or with whom that person is associated;
"protected disclosure" means an internal disclosure or an
external disclosure of information, made in writing or in any f ormat
which may be prescribed;
Cap. 595. "public administration" has the meaning as is assigned to it by
article 2(1) of the Public Administration Act;
""public disclosure" means a disclosure made in accordance with
Section 4 of Part III; and
"statutory body" means any corporation or other body corporate
established by law;
Cap. 492. "voluntary organisation" has the same meaning as is assigned to
it by article 2(1) of the Voluntary Organisations Act irrespective of
whether such organisation is enrolled in terms of the said Act;
"whistleblower" means any employee who makes a disclosure to
a whistleblowing reporting officer or a whistleblowing reports unit,
as the case may be, whether it qualifies as a protected disclos ure or
not under this Act;
"whistleblowing reporting officer" means such officer within an
employer charged with carrying out the functions designated byarticle 12;
"whistleblowing reports unit" means such officer, office or
section within an authority to carry out the functions designat ed by
article 17 and, with respect to the public administration, theExternal Whistleblowing Disclosure Unit;
"work-related context" means current or past work activities in  the
public or private sector through which, irrespective of the nat ure of
those activities, persons acquire information on improper pract ices and
within which those persons may suf fer retaliation if they repor ted such
information.
(2) Where this Act refers to a matter which may be prescribed,
unless this Act expressly designates the person authorised and the
manner thereof, such matter may be prescribed by the Ministerthrough regulations or by the authority through guidelines or b y
any one or all of them as may be determined, and in the case of  any
conflict, a regulation by the Minister shall prevail over a gui deline.
(3) This Act shall not apply to members of a disciplined force,
to members of the Security Service or to persons employed in th e
foreign, consular or diplomatic service of the Government until  the
Minister makes regulations regulating the manner in which theprovisions of this Act will apply in their regard, and in so do ing,
the Minister may make not applicable or modify the provisions o f
8 [CAP. 527. PROTECTION OF THE WHISTLEBLOWER
this Act as necessary for the purpose of the protection of nati onal
security, defence, intelligence, public order and the internati onal
relations of the State.
(4) Where specific rules on the reporting of breaches are
provided for in the sector-specific laws listed in the ThirdSchedule, those laws shall apply. The provisions of this Act sh all
be applicable to the extent that a matter is not mandatorilyregulated in those laws.
(5) This Act shall not affect the exercise by workers of their
rights to consult their representatives or trade unions, and on
protection against any unjustified detrimental action prompted by
such consultations as well as on the autonomy of the social par tners
and their right to enter into collective agreements. This is wi thout
prejudice to the level of protection granted by this Act.
PART II
PROHIBITION OF DETRIMENTAL ACTION
Prohibition of 
detrimental  action.3. Subject to the exceptions stated in this Act, despite any
prohibition of or restriction on the disclosure of information under
any enactment, rule of law, contract, oath or practice awhistleblower may not be subjected to detrimental action onaccount of having made a protected disclosure.
Protected 
disclosure.
Amended by:
LXVII.2021.3.Cap. 9. 4. (1) Notwithstanding the provisions of the Criminal Code
or of any other law, a whistleblower who makes a protecteddisclosure is not liable to any civil or criminal proceedings o r to a
disciplinary proceeding for having made such a disclosure.
(2) The protection afforded to a whistleblower shall not be
prejudiced on the basis only that the whistleblower making thedisclosure was, in good faith, mistaken about its import or tha t any
perceived threat to the public interest on which the disclosure  was
based has not materialised or that the person making the disclo sure
has not fully respected the procedural requirements of this Act  or of
any regulations or guidelines made under this Act. 
(3) The protection afforded to a whistleblower shall, where
relevant, be extended to:
(a) facilitators;
(b) third persons who are connected with the reporting
persons and who could suffer retaliation in a work-related context, such as colleagues or relatives of thereporting persons; 
(c) legal entities that the reporting persons own, work for
or are otherwise connected with in a work-relatedcontext; and
Cap. 9.(d) legal aid in criminal and in cross-border civil
proceedings in accordance with the relevant provisionsof the 
Criminal Code  and Directive 2008/52/EC of the
European Parliament and of the Council of 21 May
      
PROTECTION OF THE WHISTLEBLOWER [CAP. 527. 9
2008 on certain aspects of mediation in civil and
commercial matters and in accordance with nationallaw, legal aid in further proceedings and legalcounselling or other legal counselling.
(4) The whistleblower shall have access to: 
(a) comprehensive and independent information and
advice, which is easily accessible to the public andfree of charge, on procedures and remedies available,on protection against retaliation, and on the rights ofthe person concerned;
(b) effective assistance from competent authorities before
any relevant authority involved in their protectionagainst retaliation, including, where provided forunder national law, certification of the fact that theyqualify for protection under this Act; and
(c) legal aid in criminal and in cross-border civil
proceedings in accordance with Directive (EU) 2016/1919 of the European Parliament and of the Council of
26 October 2016 on legal aid for suspects and accusedpersons in criminal proceedings and for requestedpersons in European arrest warrant proceedings andDirective 2008/52/EC of the European Parliament andof the Council of 21 May 2008 on certain aspects ofmediation in civil and commercial matters and, inaccordance with national law, legal aid in furtherproceedings and legal counselling or other legalassistance.
No immunity to 
whistleblower if he was the perpetrator or an accomplice 5.(1) Subject to the provisions of the proviso to sub-article
(2), and to the provisions of sub-articles (3) and (4), nothing  in this
Part shall prevent the institution of criminal proceedings agai nst
the whistleblower where the said whistleblower was the perpetra tor
or an accomplice in an improper practice which constitutes a cr ime
or contravention under any applicable law prior to its disclosu re. 
(2) Subject to the provisions of sub-paragraph (ii) of sub-
article (3), nothing in this Part shall be interpreted as provi ding
immunity to any person making a disclosure about an improperpractice from any disciplinary or civil proceedings or liabilit y
arising from his own conduct:
Provided that:
(i) any court or tribunal taking cognizance of proceedings
instituted against any whistleblower based on the factthat the said person was the perpetrator or was anaccomplice in the improper practice reported by thesaid person shall, in giving its judgement or decisiontake into due account the fact that the disclosure wasmade by such person in such manner as it deemsappropriate and the punishment of such whistleblowermay be mitigated or remitted and the court or tribunalshall expressly refer to the provisions of this article inits judgement; and
10 [CAP. 527. PROTECTION OF THE WHISTLEBLOWER
(ii) in any civil proceedings instituted against a
whistleblower based on the fact that the said personwas the perpetrator or was an accomplice in theimproper practice reported by the same person, thecourt shall, if it finds that the whistleblower isresponsible for the payment of damages only hold himliable for such part of the damage as he may havecaused and shall, notwithstanding the provisions ofarticles 1049, 1050 and 1051A of the 
Civil Code  or of
any other law, hold not him liable jointly and severally
with others:
Provided that the exemption from joint and several
liability provided for in this sub-paragraph shall notapply in the case of damages resulting from wilfulhomicide or from grievous bodily harm; and
(iii) where the whistleblower is an employee of the public
administration and disciplinary proceedings areinstituted against him based on the fact that he was theperpetrator or was an accomplice in the said improperpractice reported by him, the public administrationshall endeavour to mitigate the effects of anypunishment, and shall, where possible, not seekdismissal as the punishment inflicted in the saiddisciplinary proceedings. 
 (3) Notwithstanding the provisions of this article, where in
criminal proceedings as provided for in sub-article (1) institu ted
against a whistleblower -
(i) the prosecution declares in the records of the
proceedings that the accused has disclosed animproper practice which constitutes a criminal offenceliable to a punishment of imprisonment of more thanone year which has helped the police to apprehend theperson or persons who committed the said criminaloffence; or
(ii)  the whistleblower proves to the satisfaction of the
court that his whistleblowing report has so helped thepolice, 
the punishment for such crime shall be diminished as regards
imprisonment by one or two degrees and as regards any pecuniarypenalty by one-third or one-half:
Provided that the court may, if it considers that the
circumstances of the case so merit, after hearing all the evide nce
and after convicting the whistleblower either further reduce th e
punishment or exempt the whistleblower from punishmentcompletely:
Provided further that when it applies the above proviso to
exempt the whistleblower from punishment completely the courtshall make a report to the President of the Republic stating th e
reasons for its action and shall  expressly refer to the provisi ons of
this article in its report.
      
PROTECTION OF THE WHISTLEBLOWER [CAP. 527. 11
(4) The Attorney General, after having consulted the
Commissioner of Police and a judge of the superior courts who a t
the time of the consultation is not a judge assigned to takecognizance of criminal trials, may, if in his individual judgem ent he
is satisfied of the advisability to do so, whether unconditiona lly or
under such conditions as he deems fit, issue a certificate in w riting
exempting any whistleblower to which sub-article (1) applies fr om
any criminal proceedings as provided for in sub-article (1) and  in
such case the Attorney General shall make a report to the Presi dent
of the Republic stating the reasons for his action and shallexpressly refer to the provisions of this article in his report .
Prohibition of 
disclosure of information to identify the whistleblower. 
Amended by:
LXVII.2021.4.6. (1) Every whistleblowing reporting officer or
whistleblowing reports unit to whom a protected disclosure is m ade
or referred must not disclose information that identifies or ma y lead
to the identification of the whistleblower unless the whistlebl ower
expressly consents in writing to the disclosure of that informa tion. 
(2) The whistleblowing reports unit shall not communicate the
contents of the disclosure to other departments within the auth ority
of which it forms part until it has duly investigated the discl osure
and it has established that it is necessary or appropriate in t he
public interest for further investigation to be carried out by such
other departments or with the police in relation to an improperpractice which constitutes a crime or contravention under any l aw.
Notwithstanding any other law, the authority shall not be restr icted
in any manner in sharing information with the whistleblowingreports unit about its investigations from time to time for thewhistleblowing reports unit to determine whether it has anyrelevant information on the subject matter under investigation.
(3) Guidelines may be issued by each authority setting out – 
(a) the duties of communication between the
whistleblowing reports unit and the whistleblower andthe restrictions thereon; and
(b) the rules for disclosure to other departments of the
authority or to other authorities or entities of the State.
(4) The protection provided for in this article shall not be
subject to any exceptions and no court may order the disclosure  of
the identity of any whistleblower without his consent.
Cap. 589.(5) Every whistleblowing reporting officer or whistleblowing
reports Unit that receive information on breaches that includes  trade
secrets as defined under article 2 of the Trade Secrets Act shall not
use or disclose those trade secrets for purposes going beyond w hat is
necessary for proper follow-up.
12 [CAP. 527. PROTECTION OF THE WHISTLEBLOWER
Processing of 
personal data.
Added by:
LXVII.2021.5.
Cap. 586.
S.L. 586.08.6A. Any processing of personal data carried out pursuant to this
Act, including the exchange or transmission of personal data by  the
whistleblowing reporting officer or whistleblowing reports Unit , shall
be carried out in accordance with Regulation (EU) 2016/679 of the
European Parliament and of the Council of 27 April 2016 on theprotection of natural persons with regard to the processing of personal
data and on the free movement of such data, and repealing Direc tive
95/46/EC (General Data Protection Regulation), the 
Data Protection
Act and the Data Protection (Processing of Personal Data by
Competent Authorities for the Purposes of the Prevention,
Investigation, Detection or Prosecution of Criminal Offences or the
Execution of Criminal Penalties) Regulations :
Provided that, personal data which are manifestly not
relevant for the handling of a specific report shall not be col lected or,
if accidentally collected, shall be deleted without undue delay .
Disclosure of 
information on breaches under this Act.
Added by:
LXVII.2021.5.
Cap. 589.6B. Where a person discloses information on breaches falling
within the scope of this Act, and that information includes tra de
secrets, and where that person meets the conditions of this Act , such a
disclosure shall be considered lawful under the conditions of a rticle
5(2) of the Trade Secrets Act.
Application to the 
Civil Court.
Amended by:
LXVII.2021.6.7.(1) A person who believes that detrimental action has been
taken or is to be taken against him in reprisal for a protecteddisclosure may file an application to the First Hall, Civil Cou rt for -
(a) an order requiring the person who has taken the
detrimental action to remedy that action; or
(b) an injunction.
(2) The court, pending the final determination of an applicatio n
under this article may -
(a) make an interim order; or
(b) grant an interim injunction.
(3) If, in determining the application under sub-article (2) th e
court is satisfied that a person has taken or intends to takedetrimental action against a person in reprisal for a protecteddisclosure, the court may:
(a) order the person who took the detrimental action to
remedy that action and determine the amount ofdamages, including, but not limited to, moral damagesas the court may determine, due to the person whosuffered the detrimental action; or
(b) grant an injunction in any terms the Court considers
appropriate.
(4) In proceedings referred to in sub-article (1), where the
whistleblower establishes that he made an internal, external orpublic disclosure and suffered a detriment, it shall be presume d that
the detriment was made in retaliation for the report or the pub lic
disclosure. In such cases, it shall be for the person who has t aken
      
PROTECTION OF THE WHISTLEBLOWER [CAP. 527. 13
the detrimental measure to prove that, that measure was based o n
duly justified grounds.
Cap. 12. (5) Notwithstanding the provisions of the Code of Organization
and Civil Procedure, an injunction granted in terms of sub-article
(3)(b) shall be for an indefinite period until an application for it s
revocation is made and need not be followed by an action on themerits. The provisions of articles 873 and 875 of the 
Code of
Organization and Civil Procedure shall apply to warrants issued
under sub-article (3)( b). 
Cap. 12. (6) The provisions of articles 829 to 838B of the Code of
Organization and Civil Procedure shall not apply to injunctions
granted in terms of sub-article (3)( b).
Cap. 12. (7) Notwithstanding the provisions of Schedule A of the Code
of Organization and Civil Procedure, no registry fees shall be
charged on an application filed i n the First Hall of the Civil Court
by the person referred to in sub-article (1) but, if granted, a n award
on costs shall be made against the respondent. 
Right to 
compensation after detrimental action.8. Any person who may have suffered detrimental action as a
result of making a protected disclosure shall, without prejudic e to
any other right under any other law, have a right to compensati on
for any damage caused.
PART III
DISCLOSURES
SECTION 1
PROTECTED DISCLOSURES
Protected 
disclosure. 
Amended by:
LXVII.2021.7.9. (1) A disclosure is a protected disclosure if the
whistleblower:
(a) had reasonable grounds to believe that the information
on breaches disclosed was true at the time of thedisclosure and that such information fell within thescope of this Act; and 
(b) disclosed internally in accordance with article 12 or
externally in accordance with article 16, or made a publicdisclosure in accordance with article 18A. 
(2) The protections conferred by this article do not apply to an
employee who knowingly discloses information which he knows orought to reasonably know is false and any person or organisatio n,
other than the employer or officers or shareholders of the samewhen an organisation, which is prejudiced by the disclosure of such
false information given in a disclosure made under this Act sha ll
not by virtue of this Act be hindered in the exercise of any le gal
action or in the enforcement of any legal remedy available to t hat
person or organisation under any other law in respect of the sa id
prejudice:
Provided that such remedy shall only be available if the
identity of the whistleblower has been obtained or otherwisedisclosed in accordance with the provisions of this Act.
14 [CAP. 527. PROTECTION OF THE WHISTLEBLOWER
Cap. 9.(3) It shall be an offence punishable in accordance with articl e
101 of the Criminal Code  to knowingly provide false information in
terms of this Act.
Information 
protected by legal and medical professional privilege.Substituted by:LXVII.2021.8.Cap. 377.10. (1) Saving the provisions of article 6A(c) of the
Professional Secrecy Act, nothing in this Act authorises a person to
disclose information protected by legal and medical professiona l
privilege and a disclosure of such information is not a protect ed
disclosure for the purposes of this Act.
(2) This Act shall not affect the application of laws relating to the
protection of classified information, the secrecy of judicialdeliberations and rules on criminal procedure.
Anonymously 
made disclosures.Substituted by:LXVII.2021.9.11. (1) Anonymously made disclosures shall not be a
protected disclosure in terms of this Act.
(2) The whistleblowing reporting officer or the whistleblowing
reports Unit may receive and process anonymous disclosures and may
take that disclosure into consideration in determining whetherimproper practice has occurred.
(3) Despite the provisions of sub-article (1) when following a
public disclosure with information on breaches that is madeanonymously the whistleblower is subsequently identified and su ffers
retaliation, that disclosure shall still be a protected disclos ure provided
that the disclosure satisfies the conditions established in art icle 9(1).
SECTION 2
INTERNAL DISCLOSURES
Internal procedures 
for receiving and dealing with protected information.Substituted by:LXVII.2021.10.12. (1) Without prejudice to article 16 and article 18A, every
employer shall have in operation internal procedures for receiv ing and
dealing with information about improper practice committed with in or
by that organisation; such internal procedures shall at least i nclude the
following:
(a) channels for receiving the reports in writing or orally,
or both. Oral reporting shall be made possible bytelephone or through other voice messaging systems,and, upon request by the reporting person, by means ofa physical meeting within a reasonable time frame.Such channels shall be designed, established andoperated in a secure manner that ensures that theconfidentiality of the identity of the whistleblower andany third party mentioned in the disclosure isprotected, and prevents access thereto by non-authorised staff members;
(b) the designation of a whistleblowing reporting officer
competent for following-up on the reports which maybe the same person or department as the one thatreceives the protected disclosure and which willmaintain communication with the whistleblower and,where necessary, ask for further information from and
      
PROTECTION OF THE WHISTLEBLOWER [CAP. 527. 15
provide feedback to that whistleblower;
(c) diligent follow-up by the designated person or
department referred to in paragraph (b).
(2)  Clear and easily accessible information about the existence
of the internal procedures, and adequate information on how to use the
procedures shall be published widely within the organisation an d shall
be republished at regular intervals. Every employer shall also provide
clear and easily accessible information regarding the procedure s for
reporting externally to competent authorities pursuant to artic le 15
and, where relevant to institutions, bodies, offices or agencie s of the
European Union.
(3) An internal disclosure is a protected disclosure made in
accordance with the provisions of this Act if it is made by an employee
to an employer substantially in the manner established by inter nal
procedures established by the employer for receiving or dealing  with
such disclosures.
(4) For purposes of Part III Section 2, "employer" means the
same as the meaning assigned to it in the Second Schedule:
Provided that, this shall not apply to entities falling within
the scope of Part I(B) and II of the Third Schedule:
Provided further that, organisation in the private sector with
fifty (50) to two hundred and forty-nine (249) workers may shar e
resources as regards the receipt of reports and any investigati on that
shall be carried out. This shall be without prejudice to the ob ligations
imposed upon private sector organisations by this Act to mainta in
confidentiality, to give feedback, and to address the reported breach.
Notice to 
whistleblower.
Amended by:
LXVII.2021.11.13. (1) The whistleblowing reporting officer shall acknowledge
receipt of an internal disclosure within seven (7) days of rece ipt and
provide feedback within a reasonable time, not exceeding three (3)
months from the acknowledgment of receipt or, if no acknowledgm ent
was sent to the reporting person, three (3) months from the exp iry of
the seven (7) day period after the report was made.
(2) For the purposes of article 16, where it is apparent from
external action that action has been taken to rectify the impro per
practice it will not be necessary for the whistleblowing report ing
officer to notify the person who made the disclosure.
(3) In the event that a disclosure under this Part leads to the
detection of an improper practice which constitutes a crime orcontravention under any applicable law, the whistleblowingreporting office may refer the report received to the police fo r
investigation thereof:
However, should the subject matter of the report have been
rectified no provision of any law shall be interpreted as impos ing
an obligation on the whistleblowing reporting officer to report  such
matter. 
16 [CAP. 527. PROTECTION OF THE WHISTLEBLOWER
Internal disclosure 
may be made to the head or deputy head of the organisation.14. An internal disclosure may be made to the head or deputy
head of the organisation, who is hereby deemed to be thewhistleblowing reporting officer and subject to the provisions of
articles 6 and 13, if:
(a) the organisation has no internal procedures established
and published for receiving and dealing withinformation about an improper practice; or
(b) the whistleblower believes on reasonable grounds that
the whistleblowing reporting officer is or may beinvolved in the alleged improper practice; or
(c) the whistleblower believes on reasonable grounds that
the whistleblowing reporting officer is, by reason ofany relationship or association with a person who is ormay be involved in the improper practice alleged inthe disclosure, not a person to whom it is appropriateto make the disclosure.
 SECTION 3
EXTERNAL DISCLOSURES
Protection of 
external disclosure.15. Except as provided in this Part, an external disclosure shall
only be protected if an internal disclosure in accordance withSection 2 of this Part has already been made or attempted to bemade.
External disclosure 
made to the whistleblowing reports unit.
Amended by:
LXVII.2021.12.16. (1) An external disclosure may be made to the
whistleblowing reports unit of the authority as provided in the  First
Schedule directly if the whistleblower believes on reasonablegrounds – 
(a) that the head of the organisation is or may be involved
in the improper practice alleged in the disclosure; or
(b) that immediate reference to the authority, is justified
by the urgency of the matter to which the disclosurerelates, or some other exceptional circumstances; or
(c) at the time he makes the external disclosure, that he
will be subjected to an occupational detriment by hisemployer if he makes an internal disclosure; or
(d) that it is likely that evidence relating to the improper
practice will be concealed or destroyed if he makes aninternal disclosure; or
(e) that although an internal disclosure has previously
been made, the whistleblower has not been informedon the status of the matter disclosed or it is reasonablyevident to the whistleblower that there has been noaction or recommended action on the matter to whichthe disclosure relates within a reasonable time fromthe making of the disclosure.
(2) In determining for the purposes of sub-article (1) whether i t
is reasonable for the whistleblower to make the disclosure to t he
authority, regard shall be had, in particular, to:
(a) the seriousness of the alleged improper practice;
      
PROTECTION OF THE WHISTLEBLOWER [CAP. 527. 17
(b) whether the improper practice is continuing or is likely
to occur in the future;
(c) whether the disclosure is made in breach of a duty of
confidentiality owed by the employer to any otherperson;
(d) in a case falling within sub-article 1( e), any action
which the employer has taken or might reasonably beexpected to have taken as a result of the previousdisclosure; and
(e) whether in making the disclosure to the authority, the
employee complied with any procedure whose use byhim was authorised by the employer in accordancewith article 12(1).
(3) If a person makes a disclosure to an authority in accordanc e
with this Part, the authority must within forty-five days afterreceiving the disclosure consider and reach a conclusion as towhether it is appropriate for the disclosure to be made externa lly.
(4) If the authority concludes that a disclosure should not have
been made externally, then it must within a reasonable time, no t
exceeding forty-five days, notify in writing the whistleblower that
an internal disclosure in accordance with Section 2 of this Par t
must be made and that it will not be dealing further with thedisclosure.
(5) If the authority concludes that a disclosure has been
properly made, then it must within a reasonable time notify inwriting the person who made the disclosure of the status of theimproper practice disclosed or such matters as may be prescribe d. 
Setting up of 
whistleblowing reports unit.
Amended by:
LXVII.2021.13.17. (1) All authorities referred to in the First Schedule shall:
(a) set up an independent and autonomous whistleblowing
reports Unit, for receiving and handling informationon breaches and which shall meet all the followingcriteria:
(i) is designed, established and operated in a
manner that ensures the completeness, integrityand confidentiality of the information andprevents access thereto by non-authorised staffmembers of the authority;
(ii) enables the durable storage of information in
accordance with article 21A to allow furtherinvestigations to be carried out;
(b) promptly, and in any event within seven (7) days of
receipt of the external disclosure, acknowledge thatreceipt unless the whistleblower explicitly requestedotherwise or the whistleblowing reports Unitreasonably believes that acknowledging receipt of thedisclosure shall jeopardise the protection of thereporting person’s identity;
(c) diligently follow up on external disclosures;
18 [CAP. 527. PROTECTION OF THE WHISTLEBLOWER
(d) provide feedback to the whistleblower within a
reasonable time frame not exceeding three (3) months,or six (6) months in duly justified cases;
(e) communicate to the whistleblower the final outcome
of investigations triggered by the report, in accordancewith procedures provided for under national law;
(f) transmit in due time the information contained in the
disclosures to competent institutions, bodies, offices oragencies of the European Union, as appropriate, forfurther investigation, where provided for under law.
(2) The whistleblowing reports Unit shall enable external
disclosures in writing and orally. Oral disclosures shall be po ssible by
telephone or through other voice messaging systems and, upon re quest
by the whistleblower, by means of a physical meeting within areasonable time-frame.
(3) The whistleblowing reports Unit shall ensure that, where an
external disclosure is received through channels other than thereporting channels referred to in sub-articles (1) and (2) or b y staff
members other than those responsible for handling reports, the staff
members who receive it are prohibited from disclosing anyinformation that may identify the whistleblower or the personconcerned, and that they promptly forward the report withoutmodification to the staff members responsible for handling repo rts.
(4) The whistleblowing reports Unit shall designate staff
members responsible for handling reports, and in particular for :
(a) providing any interested person with information on
the procedures for reporting;
(b) receiving and following up on external disclosures;(c) maintaining contact with the whistleblower for the
purpose of providing feedback and requesting furtherinformation where necessary.
(5) The staff members referred to in sub-article (4) shall rece ive
specific training for the purposes of handling reports:
(a) providing any interested person with information on
the procedures for reporting;
(b) receiving and following up on external disclosures;(c) maintaining contact with the whistleblower for the
purpose of providing feedback and requesting furtherinformation where necessary.
(6) The whistleblowing reports Unit shall publish on their
websites in a separate, easily identifiable and accessible sect ion at
least the following information:
(a) the conditions for qualifying for protection under this
      
PROTECTION OF THE WHISTLEBLOWER [CAP. 527. 19
Act;
(b) the contact details for the whistleblowing reports Unit
as provided for under sub-article (1), in particular theelectronic and postal addresses, and the phonenumbers for such channels, indicating whether thephone conversations are recorded;
(c) the procedures applicable to the reporting of breaches,
including the manner in which the competent authoritymay request the whistleblower to clarify theinformation reported or to provide additionalinformation, the time frame for providing feedbackand the type and content of such feedback;
S.L. 586.08.(d) the confidentiality regime applicable to reports, and in
particular the information in relation to the processingof personal data in accordance with article 6A,
Articles 5 and 13 of 
Regulation (EU) 2016/679  of the
European Parliament and of the Council of 27 April2016 on the protection of natural persons with regardto the processing of personal data and on the freemovement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), regulation13 of the 
Data Protection (Processing of Personal Data
by Competent Authorities for the Purposes of the
Prevention, Investigation, Detection or Prosecution of
Criminal Offences or the Execution of Criminal
Penalties) Regulations  and Article 15 of Regulation
(EU) 2018/1725  of the European Parliament and of the
Council of 23 October 2018 on the protection ofnatural persons with regard to the processing ofpersonal data by the Union institutions, bodies, officesand agencies and on the free movement of such data,and repealing Regulation (EC) No. 45/2001 andDecision No. 1247/2002/EC, as applicable;
(e) the nature of the follow-up that shall be given to
reports; 
(f) the remedies and procedures for protection against
retaliation and the availability of confidential advicefor persons contemplating reporting;
(g) a statement clearly explaining the conditions under
which persons disclosing to the competent authorityare protected from incurring liability for a breach ofconfidentiality pursuant to article 4(1); and
(h) contact details of the information centre or of the
single independent administrative authority asprovided for in article 4(4) where applicable.
(7) The whistleblowing reports Units shall review their
procedures for receiving disclosures, and their follow-up, regu larly,
and at least once every three (3) years. In reviewing such proc edures,
competent authorities shall take account of their experience as  well as
that of other whistleblowing reports Unit and adapt their proce dures
20 [CAP. 527. PROTECTION OF THE WHISTLEBLOWER
accordingly.
(8) The whistleblowing reports Units may close procedures
regarding repetitive reports which do not contain any meaningfu l new
information on improper practice compared to a past report in r espect
of which the relevant procedures were concluded, unless new leg al or
factual circumstances justify a different follow-up. In such a case, the
whistleblowing reports Units shall notify the reporting person of their
decision and the reasons thereof.
(9) In the event of high inflows of reports, whistleblowing
reports Units may deal with reports of serious breaches or brea ches of
essential provisions falling within the scope of this Act as a matter of
priority, without prejudice to the time frame as set out in par agraph (d)
of sub-article (1).
(10) The whistleblowing reports unit shall be charged with
receiving and processing any external disclosures relating to t he
activities of persons operating within the sector regulated by the
relevant authority as set out in the First Schedule so as to de termine
whether the disclosures should be referred for further investig ation
and the conditions under which such referral should take place.  
Reference of 
information to another authority.18. (1) Where the authority to whom a protected disclosure is
made considers that the information disclosed can be betterinvestigated by another authority or in the case of an improperpractice which constitutes a crime or contravention under anyapplicable law by the police, the authority to whom the disclos ure
is made may, within not more than thirty days, refer thatinformation to such other authority or the police, as the case may
be, and immediately inform in writing the whistlebloweraccordingly:
Provided that the identity of the whistleblower shall not be
disclosed except with his prior consent in writing.
(2) A protected disclosure does not, by reason of its referral t o
another authority or the police, cease to be a protected disclo sure.
Added by:
LXVII.2021.14.SECTION 4
PUBLIC DISCLOSURES
Public disclosures.
Added by:
LXVII.2021.14.18A. (1) Except as provided in this Part, a public disclosure
shall only be protected if an internal disclosure in accordance  with
Section 2 of this Part and an external disclosure in accordance  with
Section 3 of this Part has already been made, but no appropriat e action
was taken in response to the repo rt within the time-frames refe rred to
in article 13(1) and article 17(1)(b).
A public disclosure shall be as a protected disclosure under th is Act
if any one (1) of the following conditions are fulfilled:
The whistleblower has reasonable grounds to believe that:
      
PROTECTION OF THE WHISTLEBLOWER [CAP. 527. 21
(a) the breach may constitute an imminent or manifest
danger to the public interest, such as when there is anemergency situation or a risk of irreversible damage;or
(b) in the case of external reporting, there is a risk of
retaliation or there is a low prospect of the breachbeing effectively addressed, due to the particularcircumstances of the case, such as those whereevidence may be concealed or destroyed or where anauthority may be in collusion with the perpetrator ofthe breach or involved in the breach.
(2) This article shall not apply to cases where a person direct ly
discloses information to the press pursuant to specific nationa l law
establishing a system of protection relating to freedom of expr ession
and information.
PART IV
OFFENCES AND PENALTIES
Threatens to use 
violence.19. Any person who, for the purpose of compelling any other
person to abstain from doing or to do any act which such otherperson has a legal right to do or to abstain from doing under t he
provisions of this Act, wrongfully or without legal authority -
(a) uses or threatens to use violence against such person,
or the wife, husband or child of such person, or amember of his household, or causes or threatens tocause damage to his property;
(b) persistently follows such other person from place to
place;
(c) watches or besets the house or other place where such
other person resides or the approaches to such house orplace;
(d) deprives such person, or in any matter hinders him in
the use of, any tools, clothing or other property ownedor used by such other person,
shall be guilty of any offence and be liable on conviction to
imprisonment for a period not exceeding one year or to a fine(multa ) of not less than five hundred euro (€500) and of not more
than five thousand euro (€5,000) or to both such imprisonment a nd
fine, without prejudice to any heavier punishment to which theoffence may be liable under any other enactment:
Provided that where as a result of his conduct the person
convicted has achieved his aim the punishment of imprisonmentshall be increased by one to two degrees and the fine ( multa ) shall
not be less than one thousand five hundred euro  ((€1,500) and n ot
more than ten thousand euro (€10,000).
PART V
REGULATIONS AND GUIDELINES
Regulations and 
guidelines.20. (1) In addition to the matters on which the Minister is
22 [CAP. 527. PROTECTION OF THE WHISTLEBLOWER
empowered to prescribe rules und er the provisions of this Act, the
Minister may from time to time make regulations, generally for the
better implementation of this Act and to:
(i) establish the internal procedures which employers
must have in operation for receiving and dealing withinformation about improper practices committedwithin or by that organisation;
(ii) establish the procedures which an authority in terms of
the First Schedule needs to have in place to receiveand process external disclosures;
(iii) lay down the rules for disclosure between the
whistleblowing reports unit and the other departmentswithin the authority of which the whistleblowingreports unit forms part;
(iv) set out the duties of communication between the
whistleblowing reports unit and the whistleblower andthe restrictions thereon; and
(v) lay down rules for the better implementation of this
Act. 
(2) An authority may, in furtherance of any of its functions
under this Act, from time to time issue and publish guidelines on all
matters in respect of which the Minister may issue regulationsincluding guidelines setting out the procedures which are avail able
in terms of law to those who wish to disclose an improper pract ice.
(3) Guidelines issued by an authority shall be binding on all
organisations whose activities are regulated by such authority.  
(4) Except for amendments to the guidelines which are purely
administrative in nature, and are expressly declared to be so b y the
authority, which come into force immediately upon the postingthereof on the official website of the said authority, any newguidelines or amendments to guidelines shall come into force onthe lapse of fifteen days after they are posted on the official  website
of the authority or on such later date as may be stated therein .
PART VI
MISCELLANEOUS
Conflict between 
contract of service and the provisions of this Act.21. Any provision in a contract of service or other agreement
between an employer and an employee is void in so far as it-
(a) purports to exclude any provision of this Act,
including an agreement to refrain from instituting orcontinuing any proceedings under this Act or anyproceedings for breach of contract; or
(b) purports to preclude the employee or has the effect of
discouraging the employee from making a protecteddisclosure in terms of this Act.
Shall keep records 
of every report received.
Added by:
LXVII.2021.15.21A. (1) Whistleblowing reports Unit and the whistleblowing
reporting officers shall keep records of every report received,  in
compliance with the confidentiality requirements provided for i n
      
PROTECTION OF THE WHISTLEBLOWER [CAP. 527. 23
article 6:
Provided that, reports shall be stored for no longer than it is
necessary and proportionate in order to comply with the require ments
imposed by this Act, or other requirements imposed by law.
(2) Where a recorded telephone line or another recorded voice
messaging system is used for dis closing, subject to the consent  of the
whistleblower, whistleblowing reports Unit and whistleblowingreporting officers shall have the right to document the oral re porting in
one (1) of the following ways: 
(a) by making a recording of the conversation in a durable
and retrievable form; or 
(b) through a complete and accurate transcript of the
conversation prepared by the staff membersresponsible for handling the report. Whistleblowingreports Unit and whistleblowing reporting officersshall offer the whistleblower the opportunity to check,rectify and agree the transcript of the call by signing it.
(3) Where an unrecorded telephone line or another unrecorded
voice messaging system is used for disclosing, whistleblowing r eports
Units and whistleblowing reporting officers shall have the righ t to
document the oral disclosure in the form of accurate minutes of  the
conversation written by the staff member responsible for handli ng the
disclosure. The whistleblowing reports Unit and whistleblowingreporting officer shall offer the whistleblower the opportunity  to
check, rectify and agree the minutes of the conversation by sig ning
them.
(4) Where a person requests a meeting with the whistleblowing
reports Unit and whistleblowing reporting officers for disclosi ng
purposes pursuant to article 12(1)(a) and article 17(2), whistl eblowing
reports Unit and whistleblowing reporting office shall ensure, subject
to the consent of the whistleblower, that complete and accurate  records
of the meeting are kept in a durable and retrievable form. Thewhistleblowing reports Unit and whistleblowing reporting office rs
shall have the right to document the meeting in one of the foll owing
ways:
(a) by making a recording of the conversation in a durable
and retrievable form; or
(b) through accurate minutes of the meeting prepared by
the staff members responsible for handling the report:
  Provided that, whistleblowing reports Units and
whistleblowing reporting officers shall offer thewhistleblower the opportunity to check, rectify andagree the minutes of the meeting by signing them.
Persons or class of 
persons exempt.22. The Minister may, for the purpose of the protection of
national security, defence, public order and the international
24 [CAP. 527. PROTECTION OF THE WHISTLEBLOWER
relations of the State, by notice in the Gazette exempt any per son or
class of persons without retrospective effect from all or any o f the
provisions of this Act on any ground which to him may seemsufficient. Any such exemption may be made subject to suchconditions or to the fulfilment of such other procedures, forma lities
or obligations, as the Minister may deem appropriate.
Applicability of 
this Act.23. This Act shall apply to disclosures of information made
after the coming into force of this Act, irrespective of whethe r or
not the improper practice being the subject of a disclosure hasoccurred before or after the coming into force of this Act.
  
      
PROTECTION OF THE WHISTLEBLOWER [CAP. 527. 25
FIRST SCHEDULE 
[Articles 16, 17 and 20]
   Authorities Prescribed To Receive External Disclosures 
Part 1 – Private Sector
Part 2 – Public Administration
External Disclosure Whistleblowing Unit within 
the Government of MaltaAuthority Description of Matters
Auditor General Failure to observe laws, rules and regulations
relating to public finance and misuse of publicresources.
Commissioner for Revenue Income tax, corporation tax, capital ga ins tax,
stamp duties, national insurance contributions,value added tax or "revenue acts" as definedin the Commissioner for Revenue Act.
Commissioner  for  V oluntary
OrganisationsActivities of a voluntary organisation
Financial Intelligence Analysis Unit Money laundering or financi ng of terrorism in
terms of the Prevention of Money Laundering
Act. 
Malta Financial Services Authority T h e b u si n e ss o f c r e d i t a n d f i nancial
institutions, the business of insurance and theactivities of insurance intermediaries, theprovision of investment services andcollective investment schemes, pensions andretirement funds, regulated markets, centralsecurities depositories, the carrying out oftrustee business either in a professional or apersonal capacity and such other areas ofactivity or services as may be placed fromtime to time under the supervisory andregulatory competence of the Malta FinancialServices Authority. 
Ombudsman (i) Conduct involving substantial risk to
public health or safety or the environment that
would if proved, constitute a criminal offence;and
(ii) All matters which constitute improper
practices and which are not designated to bereported to any other authority
Permanent Commission Against
Corruptioncorrupt practices
26 [CAP. 527. PROTECTION OF THE WHISTLEBLOWER
Subject Persons:
For the purposes of Section 2 of Part III of this Act, an "empl oyer" is:
(1) Each ministry of the Government of Malta;(2) Any organisation within the private sector with fifty (50) o r more workers or
where following an appropriate risk assessment taking into acco unt the nature of the
activities of the organisation and the ensuing level of risk fo r, in particular the
environment and public health may require an organisation in th e private sector with
fewer than fifty (50) workers to establish an internal disclosu re channel and procedure in
accordance with Section 2 of Part III.
(3) Any voluntary organisation which annually raises more than f ive hundred
thousand euro (€500,000) from public collections and other dona tions.
The Minister may from time to time prescribe regulations, amend  this
Schedule or any part thereof, for the better implementation of the provisions of this
Act and any regulations made thereunder. 
The Annex of Commission Directive (EU) 2019/1937 shall be applicable in its
entirety as the Third Schedule to this Act.Amended by:
LXVII.2021.16.SECOND SCHEDULE
[Article 12]
Added by:
LXVII.2021.17.THIRD SCHEDULE
[Articles 2 and 12]