Law 4990/2022 "Regarding the protection of persons reporting violations of EU law and the incorporation of Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019"

Law 4990/2022 creates a protective framework for natural persons who make either an internal report, i.e. to a responsible person of the organization - employer, or an external report, i.e. before the National Transparency Authority (hereinafter E.A.D.). or in a public disclosure, regarding violations of Union law, of which they have become aware in the context of their employment relationship. In particular, the procedure for submitting, receiving and monitoring reports within public and private bodies is organized, respecting the obligations of confidentiality and respect for personal data, as well as the protection from retaliation of the persons who report the violations in question. Finally, sanctions are provided in case of violation of this Law.

The bodies of the public sector (General Government bodies, excluding NPDD and Public Enterprises and Organizations of Chapter A' Law 3429/2005) are required to establish an internal reporting channel procedure within six (6) months from the entry into force of this Law (i.e. , from 11.11.2022).

Correspondingly, private sector companies that employ staff from 50 to 249 people must make the above enactment by December 17, 2023 and, within two (2) months of this, notify the relevant Labor Inspectorate, while those that employ more than 249 Individuals have a margin of compliance six (6) months from the entry into force of this and a notification deadline to SEPE two (2) months from compliance.

With regard to the creation of an internal reporting channel process, public sector bodies are obliged to: If they employ more than 50 employees, to appoint the Integrity Advisor as the Person in charge of Receiving and Monitoring Reports (hereafter referred to as the Director of Reporting). In the event that this position has not been established, they designate as Y.P.A.P.A. an employee of theirs with a public or private employment relationship of indefinite duration.
If they employ up to 49 employees, as Y.P.A.P.A. the Integrity Advisor of art. 23 Law 4795/2021 or in case the position of the above Advisor has not been established, the Y.P.A. of the supervising body of the Ministry.

It is noted that, in accordance with article 23 of Law 4796/2021, an Independent Office of Integrity Advisor, subordinate to the Minister, must be established in each Ministry. The Ministries of Foreign Affairs, Citizen Protection, National Defense and Shipping and Island Policy are excluded.

The possibility of establishing an Integrity Advisor is given to NPDDs and NPIDs belonging to the General Government, if this is deemed necessary due to the responsibilities of the legal entity and the number of employees employed. If they do not set up the above Office, they are subordinate to the corresponding Office of the supervising Ministry.

The petitioners are protected from any form of retaliation. Examples include: threats, intimidation, moral harassment, retaliation, termination, dismissal, demotion or non-promotion, reprimand, disciplinary action, intentional harm, such as defamation, early termination or cancellation of a contract for goods or services.

At the same time, the petitioners are entitled to free legal advice and psychological support.

In case of retaliation against the petitioners, if they prove that they have caused them harm, they are entitled to full compensation.

The main, in our opinion, points of the Law are the following: