Lithuania

The personal scope was slightly extended by also including persons who acquired information during recruitment process or other pre-contractual relations (Art. 2(2) of the LWP).

Anonymous reports are accepted in Lithuania, and whistleblowers who choose to report anonymously will still be granted legal protection if their identity is later revealed. Additionally, under Article 7(4) of the Law on Whistleblowers Protection, it is now explicitly stated that personal data that is not clearly related to the specific information about the breach or the processing of the report shall not be collected. If such data is collected accidentally, it must be immediately destroyed.

This amendment enhances data protection and ensures that whistleblowers’ personal details are not processed beyond what is strictly necessary for the investigation of the report.

We cannot exclude any specific incentives in relation to encouraging internal reporting. The main requirement is that the internal reporting channels were created and accessible (Art. 16 of the LWP).

There is no obligation for private sector legal entities with fewer than 50 employees to establish internal reporting channels and establish reporting procedures. However, legal entities with fewer than 50 employees may establish such reporting channels on their own will. The reporting persons, working in entities with fewer than 50 employees, are not prevented from submitting a report to the competent authority, if the legal entity does not have its own internal reporting channel.

The discretion is not implemented – there is an obligation that internal channels for reporting were created in all state or municipal institutions (Point 3 of the Description of the Procedure for the Creation of Internal Channels for Providing Information about Violations and Ensuring their Functioning, adopted by Government Resolution No. 1133 (Description)).

Shared internal reporting channels are allowed under the described conditions. Pursuant to Point 4 of the Description, the internal channels may not be created in state or municipal institutions belonging to the management area of another institution, if the institution to which they belong has created internal channels that can also be used by the employees of this institution.

The competent authority is the Prosecutor’s Office of the Republic of Lithuania (lt. Lietuvos Respublikos prokuratūra).

Link to the website: https://www.prokuraturos.lt/lt

No.

Yes. Pursuant to Art. 6(7) of the LWP, the competent authority does not examine the report and notifies the person who submitted the information about the violation, if: 1) the report is based on information that clearly does not correspond to reality; 2) the person who submitted the information about the violation applies to the competent authority repeatedly for the same circumstances, when the previously submitted report was examined in accordance with the procedure established by this law and a decision was made on it. The competent authority shall notify the person who submitted the information about the violation about the decision not to examine the report and its reasons no later than within 2 working days from the date of adoption of the decision.

No.

No.

The Lithuanian 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.

Under the amended Article 10(3), the prohibition of retaliation has been expanded to include additional protected individuals:

• Family members, relatives, and colleagues of the whistleblower who work in the same institution or a subordinate entity.
• Assistants who help the whistleblower during the process of submitting a report.
• Legal entities that are owned by the whistleblower, employ them, or are otherwise connected to them in a professional capacity.

These individuals are now granted protection against negative consequences that may arise as a result of the whistleblower’s report. Furthermore, under the amended provision, the protection and legal remedies available to whistleblowers under Article 11 shall also apply mutatis mutandis to these individuals if they suffer retaliation.

This amendment was introduced following concerns raised by the European Commission regarding insufficient implementation of Directive (EU) 2019/1937 and to align Lithuanian law with OECD recommendations.

Please provide how high are respective penalties:
(a) hinder or attempt to hinder reporting: EUR 140-300. Penalty for repeated infringement – EUR 300-500.
(b) retaliate against reporting person: EUR 140-300. Penalty for repeated infringement – EUR 300-500.
(c) persons bringing vexatious proceedings against reporting person: EUR 140-300. Penalty for repeated infringement – EUR 300-500.
(d) breach the duty of maintaining the confidentiality of reporting persons: EUR 1.000-2.000. Penalty for repeated infringement – EUR 2.000-4.000.

This would be considered as a criminal offence. Pursuant to the Criminal Code, the person may be punished by obligation to do public service or to pay a fine (EUR 2.500-100.000), or restriction of liberty, or arrest, or deprivation of liberty for up to 2 years. Pursuant to Art. 3(5) and (7) of the LWP, the person providing information about the violation shall be liable for the damage caused only if it is proven that the person could not reasonably believe that the information about the violation he provides is correct. Submission of known false information does not provide the person who submitted such information guarantees under the LWP.

There are no provisions guaranteeing more favorable rights were introduced.