Compliance tools · Belgium

Loi du 28 novembre 2022 sur la protection des personnes qui signalent des violations au droit de l'Union ou au droit national constatées au sein d'une personne morale du secteur privé

Moniteur belge / Belgisch Staatsblad 15 December 2022, JUSTEL cn 2022112802 · Belgium · Binding instrument

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This toolkit organises the obligations of Belgium's 28 November 2022 whistleblower protection law into four working files of open questions a business answers from its own records.

The instrument concerns private legal persons in Belgium: employers of every size, online sellers, waste producers, financial and service companies, and any other private organisation where a worker, contractor or supplier may report a violation of European Union or national law. It sets how such a report is received, handled and protected.

The four working files follow the phases of that work. One covers how reports are received and processed, one covers the setting up of reporting channels, one covers confidentiality, and one covers archiving. Each phase is a set of open questions the business answers from its own records, with the statutory text carried verbatim beside each duty.

The parts are served through a connector inside Claude, and the documents that come back are dated compliance reports the business keeps in its own file. The toolkit never gives advice and never presents a perspective; it carries what the authority wrote, organised.

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Which businesses in Belgium does this law reach?

It reaches private legal persons: employers, online sellers, waste producers, financial and service companies, and other private organisations. It applies where a worker, contractor or supplier may report a violation of European Union or national law. A business can use the working files to see which duties fall to it.

What does the file on receiving and processing reports cover?

It walks through the duties that begin once a report arrives, including how the report is acknowledged, examined and followed up. Each duty is a set of open questions the business answers from its own records. The statutory text sits beside each question.

What does the file on setting up reporting channels cover?

It covers the choices a business makes when it puts reporting channels in place, such as the kinds of channel and how they are described to reporters. The questions lead the business through its own arrangements. The relevant provisions are cited where each duty sits.

How does the toolkit treat confidentiality?

One working file is devoted to confidentiality, covering the identity of the reporter and of the persons named in a report. The questions ask the business to record how it restricts access and handles the information. The statutory text is reproduced beside each duty.

What does the archiving file cover?

It covers the keeping and later handling of the records a report produces, including how long they are held and who may consult them. The business answers from its own records and its own retention arrangements. Each duty is paired with the provision that governs it.

How are the parts delivered?

The parts are served through a connector inside Claude. Nothing is downloaded and nothing is installed. The business opens the connector and works through the questions there.

What do we get at the end of the work?

The documents that come back are dated compliance reports. The business keeps them in its own file. They record the answers given and the provisions they relate to.

Can the toolkit tell us whether our procedure is lawful?

The toolkit never gives advice and never presents a perspective; it carries what the authority wrote, organised. It sets out the duties as open questions and shows the statutory text beside each one. The business draws its own conclusions from its own records.

Who inside the business should answer the questions?

The questions are answered from the business's own records, so the people who hold those records are the natural respondents. That may be those who run the reporting channel, those who handle personnel files, or those responsible for archives. The answers are recorded in the working files and carried into the dated compliance reports.

Does the toolkit follow the order of the law's articles?

The working files are grouped by subject: receiving and processing reports, setting up channels, confidentiality, and archiving. Each file gathers the duties that belong to its subject. The statutory text is reproduced beside each duty so the business can read the provision itself.

Source: Moniteur belge / Belgisch Staatsblad (ejustice). Official text, free of copyright under CDE art. XI.172 § 2. Official reference: Moniteur belge / Belgisch Staatsblad 15 December 2022, JUSTEL cn 2022112802.

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