The Slovenia Whistleblower Protection Act

Slovenia Whistleblower Protection Act overview

Slovenia enacted its Whistleblower Protection Act (known by its Slovenian abbreviation “ZZPri”) in January 2023, and the law went into effect the following month. The law establishes protections for whistleblowers as required by the EU Whistleblower Directive and goes further, expanding the scope to protect reports of breaches of both European Union law and violations of Slovenian national law. 

The legislation covers all public and private organizations with at least 50 employees, requiring them to establish mechanisms to allow for internal whistleblower reports and to protect whistleblowers. Employers must also appoint a person to investigate whistleblower claims and then follow-up with a report on whether those claims are valid. The law protects whistleblowers and those assisting them from retaliation for submitting a report; and allows them to report their concerns externally to numerous Slovenian regulatory agencies, depending on the exact nature of the complaint.

What does the Slovenian Whistleblower Protection Act cover?

The Act adopts the minimum standards for whistleblower protection outlined in the EU Whistleblower Protection Directive. These requirements include: 

• A secure and confidential channel for receiving whistleblower reports must be in place.
• Acknowledgment of the receipt of every whistleblowing report must be provided to the whistleblower within seven days.
• An impartial person or department must be appointed to follow up on the reports.
• Records must be kept of every report received in compliance with confidentiality requirements. 
• There must be diligent follow-up of the report by the designated person or department. 
• Feedback on the follow-up or investigation must be given to the whistleblower within three months of receiving the report. 
• All processing of personal data must be done in accordance with GDPR.

What are the rules outlined in the Slovenia Whistleblower Protection Act

The Whistleblower Protection Act covers all organizations with at least 50 employees. Organizations with 250 or more employees were required to establish their whistleblower programs by May 23, 2023; organizations with 50 to 249 employees were required to do so by December 17, 2023. Organizations with fewer than 250 employees are also allowed to establish a joint whistleblower program in coordination with other small businesses. 

The Act requires all covered businesses to (1) set up a whistleblowing channel with comprehensive whistleblower protection; (2) adopt a policy on reporting legal violations and other misconduct; and (3) designate an internal employee who can receive whistleblower reports. Unlike many other EU countries, Slovenia does not allow a company to employ an outside party to receive whistleblower reports; the person must be an internal, full-time employee.

Anonymous report intake and management

Companies must file annual reports to the Slovenian Commission for the Prevention of Corruption (CPC) about the whistleblower calls they receive. The report must include the total number of whistleblower claims received; the number of anonymous reports, the number of substantiated reports, and the number of retaliation incidents. 

The whistleblower protections include confidentiality, a prohibition against retaliation and no liability for disclosing necessary information to the report. The law also provides whistleblowers the right to legal assistance and emotional support. Slovenia’s law also allows for the submission of anonymous whistleblower reports.

What are the risks of non-compliance?

Companies that violate the Whistleblower Protection Act can be subject to fines ranging from €5,000 to €60,000, depending on company size. Individuals who violate the law can be subject to fines from €300 to €2,500.