The long-awaited Joint Ministerial Decision (the “JMD”) specifying the procedure of reporting, receiving and following up on whistleblowing reports has now been published.
As a reminder and as previously reported (here), certain private entities, including private sector entities having 50 to 249 employees must, at the latest by 17.12.2023, appoint an Officer who will receive and manage whistleblowing reports (internal reporting channel); a relevant policy must be put in place and employees and other concerned persons must be informed about the existence of a whistleblowing scheme and processing of personal data in this context.
The JMD is now specifying certain matters on the internal reporting procedure provided for by Law 4990/2022 on the protection of persons who report breaches of EU law (the “Law”), while leaving other (practical) issues unresolved.
How to make a report
The JMD includes:
- Clarifications regarding anonymous reports;
- Making a report in writing or orally; and
- Details on how the reporting person can request a meeting with the Officer
How to receive a report
The JMD clarifies certain aspects regarding the receipt of a report by the Officer, importantly regarding:
- The acknowledgement of the receipt of the report;
- The record that should be
- kept by the Officer; and
- How to handle the receipt of a report by an unauthorised employee/person.
How to manage a report
The JMD offers clarifications on:
- The competent bodies (e.g., independent authorities) that will receive the report in order to investigate it;
- The circumstances under which the Officer terminates the procedure;
- What happens when the report does not include information on breaches falling within the scope of the Law, but falls within the scope of another law and/or constitutes a crime (e.g., harassment); and
- The procedure that should be followed in case of a conflict of interest with the person who is appointed as an Officer or one or more members of the examination committee.
How to follow up on a report
The JMD clarifies how the Officer follows up on reports to provide feedback to a reporting person, also introduces an obligation for the competent examination committee or the competent public authority, which investigates the report, to inform the Officer regarding the actions taken in this context.