Latvia
Art. 2 (2) - Extension of material scope beyond EU law
The material scope was extended, considering that provisions on whistleblowing were introduced in national law before implementation of the Directive 2019/1937. First Whistleblowing Act was adopted by the parliament on 11 October 2018, and came into effect on 1 May 2019 and was later replaced by the new Whistleblowing Act, implementing the Directive 2019/19367.
Currently, Whistleblowing Act allows to report any violations related to the public interest. In addition to the scope related to violations of the EU Law, the other areas indicated are: 1) inaction, negligence, abuse of office or other unlawful acts of public officials; 2) corruption, violations of the rules on financing political organizations (parties) and their associations and restrictions on pre-election campaigning; 3) embezzlement of public funds or property; 4) tax evasion; 5) threat to building / construction safety; 6) threat to occupational safety; 7) threat to public order; 8) violation of human rights.
This listing in non-exhaustive and individuals can report other cases related to public interest.
Art. 4 (1) - Extension of personal scope (protected person)
Pursuant to the Article 1(1)(7) of the Whistleblowing Act, the personal scope was extended to include persons who received reportable information during recruitment process (candidates) and are on traineeship.
Art. 6 (2) - Acceptance of anonymous reports
Anonymous reports are not explicitly required to be accepted under Latvian law. However, organizations can choose to process anonymous whistleblower reports. If the identity of an anonymous whistleblower is later revealed, they are granted full legal protection.
Art. 7 (2) - Encouraging internal reporting
The Whistleblowing Act requires that all persons must be informed of the internal reporting channels before or at the commencement of traineeship, employment, service or other professional relationship. All such persons must be provided with easily accessible information about the internal reporting channels in the place of work. Other discretionary internal incentives can be considered.
Art. 8 (7) - Obligation for legal entities in the private sector with less than 50 workers
No, there is no such obligation in the national law. Legal entities with fewer than 50 workers can establish internal whistleblowing channels at their own discretion.
Art. 8 (9) second subparagraph - Exemption for municipalities with fewer than 10.000 inhabitants / fewer than 50 workers / other entities with fewer than 50 workers
Municipalies with fewer than 10 000 inhabitants or with fewer than 50 employees are not exempt from obligation to have an internal reporting channel. Municipal authorities with fewer than 50 employees are allowed to establish a shared (joint) internal reporting channel with other municipal authorities.
Art. 8 (9) Third subparagraph - Shared internal reporting channels for municipalities
Municipal authorities with fewer than 50 employees are allowed to establish a shared (joint) internal reporting channel with other municipal authorities.
Art. 11 (1) - Authorities competent to receive external reports
There are more than 230 competent authorities in Latvia. Compentent authorities in Latvia are defined broadly, including state or municipal public authorities, which can receive, give feedback and follow up on reports within their competence laid down in laws and regulations. Full ist of institutions with their names in Latvian and information about websites is available: https://trauksmescelejs.lv/kur-celt-trauksm
Art. 11 (3) first sentence - Competence of authorities to decide on the minority of external reports
No.
Art. 11 (4) first sentence - Competence of authorities to decide on closing procedures regarding repetitive external reports
No.
Art. 11 (5) - Competence of authorities to handle particular external reports with priority
No.
Art. 20 (2) - Financial assistance and support measures for reporting persons
There is no financial assistrance provided. Pprovided is here a state ensured legal assistance to the whistleblower, as well as a whistleblower, his or her relative and related person,are released from the State fee in administrative proceedings in a court, if the application is related to the prevention of adverse effects caused due to whistleblowing.
Art. 21 (1) first sentence - Protection measures against retaliation
The Latvian law prohibits any form of retaliation against whistleblowers, including dismissal, demotion, harassment, or discrimination. If retaliation occurs, whistleblowers have the right to seek legal remedies, including compensation.
Art. 23 (1) - Penalties
(a) hinder or attempt to hinder reporting: Adiminstrative fine for natural persons are between EUR 15 – EUR 350; for government officials between EUR 20 – EUR 350; for legal entities between EUR 35 – EUR 7000.
(b) retaliate against reporting person: Adiminstrative fine for natural persons are between EUR 30 – EUR 700; for government officials between EUR 40 – EUR 700; for legal entities between EUR 70 – EUR 14 000.
(c) persons bringing vexatious proceedings against reporting person: Procedural fine in the amount up to EUR 1200 or in case of initiation of criminal proceedings – criminal liability (short term imprisonment, community service or fine)
(d) breach the duty of maintaining the confidentiality of reporting persons: Criminal liability up to imprisonment for 1 year, community service or fine.
Art. 23 (2) first sentence - Penalties for false reporting
Administrative fine between EUR 30 – EUR 700. Compensation for damages may be awarded in accordance with the Civil Procedure Act.
Art. 25 (1) - Further national rights of reporting persons
There were no further rights of reporting persons introduced that are beyond the standards of the directive.
Final remarks:
As provided, provisions of whistleblowing apply to any reports related to public interest. Also, follow-up on the report must be given in 2 months’ time, while directive provides no later than 3 months.