2024 WLG Whistleblower Guide: Greece
Is there a law to protect whistleblowers? If so, which law?
Law No. 4990/2022 came into force on November 11, 2022, to incorporate the EU Directive 2019/1937 into national law.
Apart from implementing the European Directive 4990/2022, the above law did not introduce any new provisions.
Are companies legally obliged to introduce a whistleblowing system?
Under Law No. 4990/2022, certain companies are obliged to introduce a whistleblowing system. This obligation is based on criteria such as the number of workers employed by the company or the sectors in which it operates.
If so, which companies must introduce a whistleblowing system (number of employees, turnover, sector)?
The scope of the obligation for companies to introduce a whistleblowing system falls under two categories: 1) the number of people employed at any one time and 2) the sector in which the company operates.
Fulfilling at least one of those two conditions means that a company is obliged to introduce a whistleblowing system.
In particular:
On the basis of the factor of the number of employees:
-Private sector entities that employ fifty (50) or more workers at any one time (the ones employing 49 or less are, thus, not obligated), regardless of the nature of their activities and the duration of each worker's employment within the year, shall designate an RFUO for breaches that fall within the scope of this Law. (The calculation of the number of workers in private sector entities shall be made in accordance with Law 4308/2014. The number of workers shall include: a) full-time employees who work or are deemed to work under a paid employment arrangement, b) persons employed under an arrangement that is equivalent to paid employment, regardless of how they are paid, c) persons outsourced from another entity, and d) owner-operators if they are employed by the entity and paid by the entity. Apprentices and students employed under education and training contracts are excluded.)
The obligation to designate a Report Receipt and Follow-Up Officer (RFUO) shall be maintained for two (2) calendar years after the year in which the entity reached the number of fifty (50) workers.
On the basis of the sector in which the company operates:
-Private sector entities operating in the sectors of financial services, products and markets, transport, and the environment, as well as entities operating on the basis of a decision approving environmental conditions or whose activities may by their nature pose a risk to the environment and public health, are required to designate an RFUO, regardless of the number of employees they employ.
What forms can a whistleblowing system take (written, verbal, email, electronic tool)?
An internal report may be submitted eponymously or anonymously, in writing or orally, or via an electronic platform hosted on the public or private body's website.
In particular:
-A written report must be submitted in person or by mail
-An oral report can be submitted in one of the following ways:
a) By telephone with the conversation being recorded, provided that the reporting person has duly consented. The contents of a report submitted by telephone shall be documented either by making a recording of the conversation in a durable and retrievable form or through a complete and accurate transcript of the conversation prepared by the RFUO, offering the reporting party the opportunity to check, rectify and agree to the final transcript of the call by signing it.
b) By means of a voice mail system, if the entity has one, with a recording of the call, if the reporting person has duly consented. The content of the report submitted by voice mail shall be documented by making a recording of the voicemail in a durable and retrievable form or through a complete and accurate transcript of the voicemail prepared by the RFUO, offering the reporting party the opportunity to check, rectify and agree to the final transcript of the call by signing it.
In the case of an oral report, where no recording of the call takes place, the contents of the report shall be documented in the form of accurate minutes of the conversation written by the RFUO, offering the reporting party the opportunity to check, rectify and agree to the record by signing it.
c) By means of a physical meeting between the reporting person and the Report Receipt and Follow Up Officer, which shall take place within a reasonable period of time from the date of the reporting person's request to that effect, which may be submitted in writing or orally or by e-mail to the RFUO. In such a case, the RFUO shall keep complete and accurate minutes of the meeting in a durable and retrievable form, either by recording the conversation, if the reporting person has duly consented, or in writing, which the reporting officer may check, rectify and agree to by signing the minutes.
A report via an electronic platform can be submitted online on a dedicated electronic platform, which shall appear in a prominent place on the entity's website, with clear reporting instructions. The electronic platform shall also be accessible to persons with disabilities and shall be available in Greek and English.
Which reports must be permitted?
Greece implemented the Directive adjusting the scope of reports to those regarding breaches of Union law. In particular, breaches in the fields of public procurement, financial services, products and markets, prevention of money laundering and terrorist financing, product safety and compliance, transport safety, protection of the environment, food and feed safety, animal health, and welfare, public health, consumer protection and protection of privacy and personal data and security of network and information.
Must anonymous reporting be guaranteed?
An internal report on the breach of Union Law can be submitted both signed and anonymously. However, there is no provision obliging the companies to facilitate an anonymous option on the internal channel/platform.
Who must be able to provide information (only employees or also external third parties)?
Law 4990/2022 limits the personal scope of the whistleblowing legislation to those occupied in the public or private sector who have acquired information on breaches in a work-related context which they report, and in particular:
(aa) workers, i.e., those who provide services to another person under the latter's directions for which they receive remuneration, regardless of whether their employment is full or part-time, permanent or seasonal, or whether they are seconded from another entity. The concept of 'worker' shall include civil servants and public sector workers in any type of employment or occupation,
(ab) non-salaried personnel, the self-employed or consultants or home workers,
(ac) shareholders and persons belonging to the administrative, management, or supervisory body of an undertaking, including non-executive members, as well as volunteers and paid or unpaid interns,
(ad) persons working under the supervision and direction of contractors, subcontractors and suppliers;
(b) Reporting persons where they report or publicly disclose information on breaches acquired in a work-based relationship that has since ended for any reason, including due to retirement, and reporting persons whose work-based relationship is yet to begin in cases where information on breaches has been acquired during the recruitment process or other pre-contractual negotiations.
Can companies rely on one centralized hotline or is it necessary to have one hotline for each subsidiary?
In Greece, organizations in the private sector with 50 to 249 employees may share an RFUO.
A Greek organization may not permanently share resources allocated to receiving reports or carrying out investigations with another group company employing over 249 people.
Can a whistleblowing system also be operated by an external body (e.g. consultant)?
Regarding the RFUO
-The RFUO may be either an employee of the private sector entity or a third party who complies with the requirements of the law. In either case, he or she shall report directly to the highest governing body of the entity. The RFUO will need to be authorized to take follow-up action. Therefore, an external body may operate a whistleblowing system in terms of receiving reports.
Regarding the Platform
-Under any circumstances the platform should operate on the website of the entity. Apart from this obligation external bodies can be used for the operation of a whistleblowing system in Greece.
Are sanctions imposed for failure to introduce a whistleblowing system?
Law 4990/2022 provides that any violation of the obligation to designate an RFUO shall entail the imposition of a fine by the Labour Inspectorate or the competent supervisory body. However, a ministerial decision regulating the aforementioned fine has not been issued yet.