Slovenia
Art. 2 (2) - Extension of material scope beyond EU law
The law applies to the reporting of breaches of regulations in force in Slovenia, extending beyond EU law. However, it does not apply where criminal procedures or the protection of classified information are already covered by other Slovenian laws.
Art. 4 (1) - Extension of personal scope (protected person)
The personal scope includes whistleblowers in both the public and private sectors. Protection is extended to shareholders, volunteers, unpaid trainees, and persons in pre-contractual negotiations. Facilitators (persons assisting whistleblowers) and related persons (such as family members or legal entities associated with the whistleblower) are also protected.
Art. 6 (2) - Acceptance of anonymous reports
Anonymous reports are not explicitly required to be accepted, but if the identity of an anonymous whistleblower is later revealed, they are granted full legal protection.
Art. 7 (2) - Encouraging internal reporting
Employers must establish internal reporting channels that encourage whistleblowers to report breaches internally first, unless there is a risk of retaliation.
Art. 8 (7) - Obligation for legal entities in the private sector with less than 50 workers
Companies with fewer than 50 employees are not obligated to establish internal reporting channels, except if they operate in high-risk sectors, such as finance, healthcare, or environmental protection.
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
Municipalities and small public entities are generally exempt from the obligation to set up internal reporting channels.
Art. 8 (9) Third subparagraph - Shared internal reporting channels for municipalities
Municipalities can share internal reporting channels, provided they remain independent from external reporting mechanisms.
Art. 11 (1) - Authorities competent to receive external reports
The main authority for handling whistleblower reports in Slovenia is the Commission for the Prevention of Corruption. Other relevant external reporting bodies include:
- Slovenian Competition Protection Agency
- Labour Inspectorate of the Republic of Slovenia
- Financial Administration of the Republic of Slovenia
- Health Inspectorate of the Republic of Slovenia
- Slovenian Traffic Safety Agency
- Securities Market Agency
- Bank of Slovenia
- Slovenian Sovereign Holding
Art. 11 (3) first sentence - Competence of authorities to decide on the minority of external reports
Authorities have the competence to assess and decide whether an external report is minor and does not require follow-up.
Art. 11 (4) first sentence - Competence of authorities to decide on closing procedures regarding repetitive external reports
Authorities may close procedures on repetitive reports that do not provide new information, ensuring efficient use of resources.
Art. 11 (5) - Competence of authorities to handle particular external reports with priority
The law allows competent authorities to prioritize cases of significant public interest or urgent nature.
Art. 20 (2) - Financial assistance and support measures for reporting persons
Legal aid, unemployment benefits, and psychological support are available to whistleblowers facing retaliation.
Art. 21 (1) first sentence - Protection measures against retaliation
The law explicitly prohibits retaliation against whistleblowers and provides legal remedies, including compensation for damages. Protection extends to family members, colleagues, facilitators, and legal entities associated with the whistleblower.
Art. 23 (1) - Penalties
Hindering reporting, retaliating against whistleblowers, or breaching confidentiality obligations is punishable by significant fines.
Art. 23 (2) first sentence - Penalties for false reporting
Knowingly submitting a false whistleblower report constitutes an offense and is subject to financial penalties.
Art. 25 (1) - Further national rights of reporting persons
Whistleblowers can access independent advisory services and receive protection against unfair dismissal.
Final remarks:
Public sector entities and private companies with more than 250 employees had to establish internal reporting channels within 90 days of the law’s entry into force.
Private sector companies with 50-249 employees had until 17 December 2023 to comply.
Supervisory body: The Commission for the Prevention of Corruption oversees the implementation of whistleblower protection measures.