On 9 May 2025, the Bulgarian State Gazette published important amendments to the Whistleblowing Act, further aligning the national legal framework EU legislation.
Generally, the amendments aim to strengthen the protection of individuals reporting breaches of both Bulgarian and EU law, while promoting greater transparency and accountability. Below are some of the amendments the business should take into consideration:
- Restrictions on shared internal reporting channels
The amendments eliminate the existing possibility for private sector companies within the same economic group to share resources by using the same internal reporting channel, requiring each entity to establish its own reporting channel.
- Protection for individuals entering into service or consultancy contracts
The amendments extend whistleblower protection to a broader group of individuals, including not only job applicants but also persons who are in the process of entering into service or consultancy contracts. Under the new provisions, such individuals are entitled to protection if they report any breaches discovered during the pre-contractual phase.
- Removal of the two-year limitation for reporting breaches
The amendments remove the restriction, prohibiting the investigation of breaches committed more than two (2) years ago. Companies are now required to investigate breaches regardless of when they occurred.
- Recording and storing oral reports
The amendments allow oral reports to be recorded in a durable format (including electronic) that ensures the information can be retrieved and referred to in the future. This will only be possible with the explicit consent of the whistleblower.
- Expansion of protection for legal professionals
Before the amendment, the Bulgarian Whistleblowing Act excluded all legal professionals (such as judges, bailiffs, notaries, and lawyers) from whistleblower protection when reporting breaches of law that came to their attention in the course of their professional activities, particularly those subject to professional secrecy. The amended legislation narrows this exclusion. Going forward, only lawyers remain ineligible to benefit from whistleblower protection when disclosing information obtained in the course of their professional duties that falls under confidentiality requirements.
As businesses and public entities begin to adapt to these changes, it is essential to review and update internal reporting channels, policies, and training programs to ensure compliance.
For further details on how these amendments may impact your organisation or to discuss the necessary adjustments, feel free to reach out.