By Aineias Spiliotis, LL.B
On 11 November 2022, Law 4990 was published in the Official Gazette, which transposes Directive 1937/2019 of the European Parliament on the protection of persons reporting violations of EU law.
SCOPE OF APPLICATION
APPLIES to both the public and private sectors and its scope of application includes, inter alia, violations of EU law on public procurement, product safety and conformity, food and feed safety, as well as animal health and welfare, public health, consumer protection, protection of privacy and personal data, as well as security of network and information systems, etc.
It does NOT apply to the protection of persons reporting breaches relating to defence or security issues.
Civil servants, private sector employees, whether full-time/part-time or under independent service contracts, shareholders, persons belonging to the administrative, management or supervisory body of an undertaking and volunteers.
Public sector entities with fifty (50) or more employees are required to designate a Reporting Receiving and Monitoring Officer (RRMO) regarding violations that fall within the scope of this Act and must comply with the requirement to establish an internal reporting channel within six (6) months of the effective date of this Act.
In public sector entities employing up to forty-nine (49) employees, the Integrity Advisor under Article 23 of Law No. 4795/2021 (A’ 62) or the RRMO of the supervising Ministry, if an Integrity Adviser position has not been established.
Private sector entities that employ fifty (50) or more employees at the same time, regardless of the nature of their activities and the duration of employment of each of the employees within the year, shall designate a RRMO regarding violations that fall within the scope of the Law.
Private sector entities employing fewer than fifty (50) employees may designate RRMOs. In cases in which there is no RRMO, the report may be submitted to the National Transparency Authority (NTA).
Private sector entities with fifty (50) to two hundred and forty-nine (249) employees may use common RRMOs to receive reports. These entities must comply with the requirement to establish an internal reporting channel by 17 December 2023 and notify the Labor Inspectorate within two (2) months of compliance.
Private sector enterprises with more than two hundred and forty-nine (249) employees shall comply with the obligation to establish an internal reporting channel within six (6) months of the entry into force of this Law and inform the Labour Inspectorate within two (2) months of compliance.
The RRMO may be either an employee of the private sector entity or a third party who complies with the requirements of the Law. In both cases, reports must be submitted directly to the highest governing body of the entity.