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Whistleblowing – Romania’s Compliance with EU Directive 2019/1937

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The implementation of EU Directive 2019/1937 has established Romania as part of a broader European trend toward increased transparency and accountability in business practices. For many Romanian companies, especially small and medium-sized enterprises, this shift has introduced a steep learning curve, but also significant opportunities.

Immediate Impacts

  • On organizational practices: Employers are required to establish and maintain confidential reporting channels and designate officers to handle whistleblowing cases. Failure to do so can lead to hefty finesand reputational damage.
  • On employee behavior: The increased protections are expected to encourage more employees to come forward with complaints, especially concerning unethical practices. This creates a dual-edged sword for companies: while fostering transparency, it also exposes weaknesses in existing governance structures.

Predictions for 2025

  1. Rise in Whistleblower Reports: The improved protections will likely result in a higher number of reports, particularly from younger employees who are more attuned to issues of corporate ethics and integrity.
  2. Legal Precedents: As more cases are brought to court, we anticipate clearer judicial interpretations of the law, which will guide future compliance strategies.
  3. Third-Party Solutions: Many companies, especially SMEs, may turn to external providers for whistleblowing solutions, from secure digital platforms to outsourced investigation services.
  4. Cross-Border Implications: For multinationals operating in Romania, ensuring compliance across jurisdictions will remain a complex yet necessary challenge.

Strategic Advice for Employers

Companies should view whistleblowing mechanisms not as a threat, but as a tool for improving internal processes. By encouraging a culture of transparency and protecting whistleblowers, businesses can build trust and credibility. Training employees and communicating the benefits of these measures is crucial to ensure adoption and effectiveness.

By Alex Teodorescu, Managing Partner, Teodorescu Partners

Romanian Knowledge Partner

Țuca Zbârcea & Asociații is a full-service independent law firm, employing cross-disciplinary teams of lawyers, insolvency practitioners, tax consultants, IP counsellors, economists and staff members. It also operates a secondary law office in Cluj-Napoca (Romania), and has a ‘best-friend’ agreement with a leading law firm in the Republic of Moldova. In addition, thanks to the firm’s dedicated Foreign Desks, the team provides the full range of services to international investors seeking to gain a foothold or expand their existing operations in Romania. Since 2019, the firm and its tax arm are collaborating with Andersen Global in Romania.

Țuca Zbârcea & Asociaţii is providing legal services in every aspect of business, covering all major areas of practice: corporate and M&A; litigation and international arbitration; corporate tax; public procurement; TMT; employment; insurance; banking and finance; capital markets; competition; healthcare and pharmaceutical; energy and natural resources; environmental; intellectual property; real estate; regulatory legal services.

Țuca Zbârcea & Asociaţii is a First-Tier law firm in all international legal directories and a multiple award-winning law firm both locally and internationally. It received the CEE Deal of the Year Award (DOTY Awards 2021) and the Law Firm of the Year Award: Romania (IFLR Europe Awards 2021). 

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